
Qss& JI' 

Bod tikh. 



JOXJRI<rA.L 



OF THE 



MISSOURI STATE CONVENTION, 



HELD AT 



THE CITY OF ST. LOUIS, 



JANUARY 6 APRIL 10, 1865. 






ST. LOUIS: 

MISSOURI DEMOCKVT, FRINT, CORNER FOURTH AND PINE STS. 

18G5. 
V 



NAMES OF THE DELEGATES 



OP THE 



MISSOURI STATE CONVENTION OF 1865 



WITH THE PLACE OF NATIVITY, AGE, PROFESSION, AND POST OFFICE ADDRESS. 



Names of Members . 



Nativity. 



Age. 



Profession. 



Post Office Address. 



Arnold Krekel, President Prussia 50. ...Lawyer St. Charles, Mo. 

(■Jharles D. Drake, Vice President.. Ohio 64.... Lawyer St, Louis. 

lOS P. Foster, Secretary New Hampshire.. 32.. ..Merchant Washington, Ma. 

jDias Proctor, Assistant Sec' y... .Ohio 49.. ..Editor Macon City, Mo. 

J.Stierlin, Doorkeeper Prussia 43. ...Clerk St. Louis. 

W. Stephens, Serg't-at-Ar7ns ..England 31 Lawyer Rolla, Mo 

\ ams, William B Missouri 46 Physician Danville, Mo. 

:' :r, Adam J Pennsylvania 36 Physician Richmond, Mo . 

-'.ford, Alfred M Tennessee 44 Lawyer Charleston, Mo. 

'■■ uham, David England 56 Farmer Empire Prairie, Mo. 

.'.. id, txeorge K Pennsylvania ... .^63 ..St. Louis. 

ace, Harvey New York 48 Boonville, Mo. 

'^h, Isidor Austria 43.. ..Gen. Ag't I.M.R.R St. Louis. 

V ..ildress, Robert L Tennessee 56. ...Parmer Marshfleld, Mo. 

Clover, Henry A. New York 41. . ..Lawyer. St. Louis. 

Oowden, Rives C Virginia 65.. ..Farmer Halfway, Mo. 

Davis, Johu H Ohio 48.... Farmer Hall's Ferry, Mo. 



Davis, Samuel T Kentucky.. 

Dodson, Isham B Kentucky.. 

D'Oeuch, William Prussia.- . . 

Ellis, John H Virginia... 

Esther, John Tennessee . 

Evans, Ellis G Missouri... 

Killey, Chauncey I New York. 

Fletcher, John W Missouri.. 

Folmsbee, Wm. H Ohio 

Foster, Emory S Missouri... 



30 Lawyer New Madrid, Mo. 

47 Lawyer Kirksville, Mo. 

....48.... Merchant St. Louis. 

51 Physician Chillicothe, Mo. 

..,.38.. ..Farmer Lebanon, Mo. 

.. ..41.. ..Mechanic Cuba, Mo. 

. ...36.. ..Merchant St. Louis. 

,...46.... Farmer DeSoto, Mo. 

36 Physician Gallatin, Mo. 

27. ...Student at Law Warrensburg, Mo. 



Fulkerson, Fred. M Virginia 57.. ..Farmer... 

Gamble, John W Kentucky 50. . . .Farmer. . . 

Gilbert, Archibald South Carolina.. ..51.. ..Farmer. .. 

Gilbert, Samuel A. Illinois 29 Lawyer. . . 

Gilstrap, Aoner L Indiana 51. . ..Lawyer. . . 

Grammer, Joel M Tennessee 40. . . .Merchant. 



..Marshall. Mo. 
..Mexico, Mo. 
...Mount Vernon. Mo. 
..Weston, Mo. 
..Macon City, Mo 
..Cassvillo, Mo. 



(ireen, Moses P Virginia. 

Harris, Thos. B Kentucky 

Henderson, David Virginia.. 



. . . .47 Lawyer Hannibal. Mo. 

. . .50 Parmer Concord. Mo. 

...63.... Physician Dent Court House. Mo. 



Names of Members. 



Nativity . 



Age. 



Profession. 



Post Office Address. 



Holcomb^ Ethan A 

Holds worth, John H 

Holland, Willis S 

Hughes, Benj. P 

Hume, Joseph F 

Husmann, George 

King, Wyllys 

Leonard, Reeves 

Linton, Moses L 

McKernan, John F 

McPherson, Archibald M. 

Mack, John A 

Martin, Alex. H 

Meyer, Ferdinand 

Mitchell, James P 

Morton, T^m. A 

Newgent, Andrew G 

Nixdorf, Anton P 

Owens, James W 

Peck, Dorastus 

Rankin, Jonathan T 

Rohrer, Philip J 

St. (lem, Gustavus 

Smith, Eli 

Smith, Knight G 

Strong, George P , 

Sutton, James T 

Sweariugen, John R 

Switzler, Wm. F 

Thilenius, Geo. C 

Weatherby, Lewis H < 

Williams, Jeremiah , 

Williams, Eugene 



.Ohio 

.New York 

• Kentucky 

.Missouri 

.Missouri 

.Germany 

.Connecticut .... 

.Missouri 

.Kentucky 

.Ohio 

.North Carolina.. 

.Virginia 

.Virginia 

.Prussia 

.Pennsylvania .. . 

.Kentucky 

.Indiana 

.Prussia 

• Missouri 

.New York 

.Tennessee 

.Germany 

•Missouri 

.Ohio 

.Virginia 

.Connecticut .... 

.Tennessee 

.Kentucky 

.Kentucky 

.Germany.. 

.New York 

.Pennsylvania •. . 
.Tennessee 



..34.. ..Lawyer 

. .57. . . .Farmer 

..40.. ..Physician 

. .35. . . •Physician 

..43.. ..Physician 

..38 Nurseryman 

..62 Merchant 

..27.,. .Major Mo. Vols. 

..57.. ..Physician 

..38.... Merchant 

...63.. ..Surveyor 

,..58.. ..Farmer 

..48. ...Clerk 

..33.... Merchant 

..50.. ..Farmer 

..53.. ..Physician 

..49 Merchant 

..33.... Physician 

..35.. ..Lawyer 

..62.. ..Physician 

..43.... Merchant 

..43.... Teacher 

..40.. ..Merchant 

. .43 Farmer 

..34 Physician 

..51.. ..Lawyer 

. •45. . . .Farmer 

..72....Clerk of Court.., 

..46.... Editor 

..36 Merchant 

..36.... Lawyer 

..41.. ..Physician 

..33 Merchant 



. .Keytesville, Mo. 
..Long Branch, Mo. 
..Calhoun, Mo. 
. .Sedalia, Mo. 
..California, Mo. 
.Hermann, Mo. 
, .St. Louis. 
..Fayette, Mo. 
.St. Louis. 
.Osage City, Mo. 
. .Altenburg, Mo. 
.Springfield, Mo. 
.Troj', Mo. 
.St. Louis. 
•Primrose, Mo. 
.Liberty, Mo. 
.Kansas City, Mo. 
.Pleasant Farm, Mo. 
.Washington, Mo. 
.Ironton, Mo. 
.Greenfield, Mo. 
..Lebanon, Mo. 

• Ste. Genevieve, Mo. 
.Smithton, Mo. 
.Princeton, Mo. 

• St. Louis. 
.Coldwater, Mo. 
.Independence, Mo. 
.Columbia, Mo- 
.Cape Girardeau, Mo. 
.Maysville, Mo. 
•Kingston, Mo. 

• Memphis, Mo. 



JOURNAL 



OF THE 



MISSOURI STATE CONVENTION, 

Begun and held in the City of St. Louis, on Friday, the 6th day of January, A. D. 1865, 

in pursuance ^ " An act to provide for calling a State Convention,''' passed 

by the General Assembly of said State, February l^th, 1864 



AN ACT 

TO PEOVIDE FOE CALLING A STATE CONVENTION. 



Whereas, In the opinion of the General 
Assembly, the condition of affiiirs in the 
State demands that a Conyention of the 
people he called to take such action as 
the interest and welfare thereof may re- 
quire; therefore. 

Be it enacted by the General Assembly of the 
State of Missouri^ as follows: 

Section 1. That an election of delegates 
to a Convention of the people of the State of 
Missouri shall he held, at the several places 
of voting in this State, on the Tuesday after 
the tu'st Monday in November, one thousand 
eight hundred and sixty-four, which election 
shall be managed and conducted by the sher- 
iffs , or other proper officers , of the counties , 
respectively, in the same manner, and ac- 
cording to the same rules and regulations, as 
are now prescribed by law for the election of 
members of the General Assembly ; and the 
Governor is hereby required and directed to 
issue his proclamation to the several sheriffs 
of the State, immediately after the passage 
of this act, requiring them to hold and con- 
duct said election according to law, and the 
said sheriffs shall advertise the time and 
place of holding said election, for at least 
thirty days before said election , by publica- 
tion ill the several newspapers of their re- 
spective counties, and by posting notices at 
ten public places in each county . 



Sec. 2. Each State Senatorial District, as 
now constituted by law, shall be entitled to 
elect twice as many delegates to said Con- 
vention, as said district is now entitled to 
members in the State Senate . 

Sec. 3. Ko person shall be a member of 
said Convention who shall not have attained 
to the age of twenty-four years, who shall 
not be a free white male citizen of the United 
States, who shall not have been a citizen of 
this State two years, and of the district he 
represents one year, next before his election, 
and who is not otherwise qualified in accord- 
ance with existing laws and ordinances of 
the State, prescribing the necessary qualifi- 
cations of members of the General Assembly. 

Sec. 4. In all districts, composing two or 
more counties, the clerks of all the counties 
shall transmit to the clerk of the county 
first named by the law^ now forming said 
district, or in case there be no such cleric 
there, then to the clerk of the county as 
shall have one next named by the law, now 
forming said district, on the thirtieth ayd 
succeeding said election, a certificate, under 
their hands, of the number of votes given 
for each candidate in each respective county, 
and said returns shall be sent by special mes- 
sengers, who shall receive the sum of five 
dollars a day for their services, to be paid 
out of the treasury of the coiuity from 
which said return mav be sent. The clerk oi 



the county, to wliicli returns shall be made, 
after examining the same, shall give to the 
person showing the highest number of votes 
(including the soldiers' vote), according to 
the number of delegates to which each dis- 
trict is entitled, certificates of election under 
the seal of his office, and said clerks shall 
also certify said returns to the Secretary of 
State , as now provided by law^ in case ol the 
election of Senators . 

Sec. 5. The delegates elected imder the 
X)rovlsions of this act, shall assemble in St. 
Louis, on the 6th day of Januarj^ 1865, and 
organize themselves into a Convention by 
the election of a President, and other officers 
as they may deem necessary, and shall pro- 
ceed to consider, first, such amendments to 
the Constitution of the State as may be by 
them deemed necessarj^ for the emancipation 
of slaves; second, such amendments to the 
Constitution of the State as may be by them 
deemed necessary to preserve in pm-ity the 
elective franchise to loj^al citizens, and such 
other amendments as may be by them 
deemed essential to the promotion of the 
public good. 

Sec. 6. Said Convention shall adopt such 
rules and regulations for its government, 
and the proper transaction of business, as 
they shall think proper. They shall have 
the same privileges as the members of the 
General Assembly now have by law ; and the 
officers, members, and assistants of said 
Convention, shall receive the same compen- 
sation as is now allowed by law to the offi- 
cers, members, and assistants of the House 
of Representatives, and said comiDcnsation 
shall be allowed and paid thenr in the same 
manner. 

Sec. 7. In cases of contested elections to 
said Convention, the contending candidates 
shall pursue the same course, and be gov- 
erned by the same rules, as are now pre- 
scribed by law in relation to contested elec- 
tions for members of the General Assembly; 
and the Convention shall be the judge of all 
such contested elections for membership 
therein. 

Sec. 8. In case of vacancy occm-ring in 
said Convention, by death, resignation, or 
otherwise, of any member, the same shall 
be filled in the same manner as now pre- 
scribed by lawfor ffiling vacancies in the State 
Senate . 

Sec. 9. All persons qualified to vote for 



members of the General Assembly under 
existing laws and ordinances, shall be enti- 
tled to vote for delegates to said Convention . 

Sec. 10. At the time and places of voting 
aforesaid, the qualified voters of said Statt^ 
shall be permitted to vote " 'for a State Con- 
vention" ' or ' 'against a State Convention, ' ' 
and the votes so cast shall be certified and 
returned to the Secretary of State, with th^ 
retm-ns for the delegates to the Convention ; 
and if a majority so voting shall have voted 
"for a Convention," the Convention shall 
assemble, and proceed to the discharge of 
the duties assigned to,, that body under this 
act; but if a majority so voting shall have 
voted ' 'against a Convention, ' ' the Conven- 
tion shall not assemble, nor shall the dele- 
gates elected have any authority to act iu 
the premises; and the Secretar}^ of State 
shall announce the result of said election on 
the 20th day of December next thereafter. 

This act shall take effect and be in force 
from and after its passage. 

Approved, February 13, 1864. 

Office SscnETARY of State, 1 
City of Jefferson^ Missouri. / 

I, MoRDECAi Olives, Secretary of State, 
in i^ursuance of an act of the General Assem- 
bly entitled ' 'An act to provide for calling a 
State Convention," approved February 
13th, 1864, do hereby announce, that of the 
votes cast for and against a Convention , at 
the general election held in this State on 
Tuesday, ]SJ"ovember 8th. 1864, a large ma- 
jority were cast inlavor of a Convention. 

The members elect of the Convention will 
therefore assemble in the city of St. Louis, 
on the 6th day of January, 1865. 

In testimony whereof, I have hereunto 
set my hand and affixed the seal ot 
[l. s.] office, at office, in the city of Jeffer- 
son, this 20th day ot December, 1864. 
M. OLWEK, Sec'y of State. 



The Missouri State Convention assembled 
in the small haU of the Mercantile Library 
building, in the city of St. Louis, on Friday, 
the sixth day of January, eighteen hundred 
and sixty-five, pursuant to the above act, 
and was called to order by Charles D. 
Drake, of St. Louis, who nominated 
Arnold Krekel, of St. Charles, as tem- 
porary Chairman, w^ho was elected. 



On motion of Ferdinand Meyer, of 
St. Louis, Amos P. Foster of Franklin 
county, was elected to act as temporary 
Secretary. 

On motion of Mr. Drake, Rev. Thomas 
C-ole was invited to open tlie Convention 
^^itll prayer, which he came forward and 
did. 

Mr. Strong of St. Louis, offered the fol- 
lowing resolution, which was adopted: 

Resolved. That the Chair appoint a com- 
mittee of live to receive and examine the 
credentials of members of the Convention, 
and that the committee be directed to report 
to-morrow morning- at 10 o'clock. 

The Chair appointed the following- as such 
committee, viz : Messrs. Strong, of St. 
Louis; Green, of Marion; Bonham, of An- 
drew; Mack, of Green, and Sutton, of 
Wayne. 

Mr. Meyer of St. Louis, offered the fol- 
lowing resolution : 

Resolved, That a committee of three be 
appointed by the (Jhair, whose duty it shall 
be to contract Avith a suitable person, pro- 
perly qualified, to report the proceedings of 
this Convention, and that they report to- 
morrow morning at 10 o'clock. 

Upon suggesrion, the resolution was tem- 
porarily withdrawn . 



Mr. Green, of Marion, offered the follow- 
ing resolution, which was adoi^ted: 

Resolved, That a committee of five be ap- 
pointed by the Chair to report what officers 
are necessary to be appointed by the Con- 
vention for the transaction of its business. 

The Chair appointed the following as such 
committee, viz: Messrs. Green, of Marion; 
Owens, of Franklin; Gilstrap, of Macon; 
Drake, of St. Louis, and Fletcher, of Jef- 
ferson . 

Mr. D'Oench, of St. Louis, offered tlwi 
following resolution, which was adopted: 

Resolved^ That a committee of three be 
appointed by the Gliair, for the purpose of 
perfecting the arrangements in reference to 
the hall and seats for the accommodation and 
use of the Convention . 

The Chair api^ointed as such committed:', 
the following gentlemen, viz : Messrs. 
D'Oench, Bush, and Meyer, of St. Louis. 

Mr. Owens, of Franklin, offered the fol- 
lowing resolution, which was adopted: 

Resolved^ That a committee of three be 
appointed by the Chair to report rules tor 
the government of this Convention and its 
pi'oceedings . 

The Chair appointed as such committee, 
Messrs. Owens, Clover, and Thilenius. 

Upon motion, the Convention adjourned 
till 11 o'clock to-morrow mornins:. 



sECO]srr) D^Y 



The Convention met pursuant to adjourn- 
ment. 

Prayer ])y Rev. Thomas Cole. 

The Secretary called the roll, and the fol- 
lowing members answered to their names : 

Messrs. Bedford, Bonliam, Budd, Bunce, 
Bush, Childress, Clover, Cowden, Davis of 
New Madrid, Davis of Nodawav, Dodson. 
D'Oench, Drake, Esther, Evans, Filley; 
Folmsbee, Fulkerson, Gilbert of Lawrence, 
Gilbert of Platte, Gilstrap, Gramraer, 
Green, Harris, Henderson, HoJcomb, 
Holdsworth, Holland, Hughes, Hume, 
Husmann, King, Krekel, l^'onard, Lin- 
ton, McKernan,' j?t[cPherson, Mnck, Mar- 
tin, ]Mcyer, ]\Iitehell, 3Iorton, Newgent, 
Mxdorf, Owens, Peck, Rankin, Smith of 
Mercer, Smith of Worth, Strong, Sutton, 
Swearingen, Switzlei", Tliilenius, Weatli- 
erby, and Williams of Caldwell. 



SATURDAY, January 7th, 1865. 

The journal of yesterday's proceedings 
was read, and, on motion of Mr. Drake, 
the Secretary was ordered to strike out the 
word "'honorable" where it occurs in th« 
records. 

Journal of proceedings approved. 

Mr. Strong, Chairman of the Committt^e 
on Credentials, presented the following re- 
port : 

The Committee on Credentials would re- 
spectfully report that the folh)wiug iiersons 
appear to have been didy elected members of 
this Convention: 

From the First Senatorial District — ^^Vrnold 
Krekel. of St. Charles county. 

From the Second Senatoriat District — ,Tohn 
W. Gamble, of Audrain county, and Alex- 
ander 11. Mariiu, of Lincoln eouuty. 

From the Third Senatorial District— Wil- 



liam F. Switzler, of Boone county, and 
Thomas B. Harris, of Callaway county. 

From the Fourth Senatorial District — 
Moses P. Green, of Marion comity, and 
JohnH. Holdsworth, of Monroe county. 

From the Fifth Senatorial District — James 
P. Mtchell, of Lewis county. 

From the Sixth Senatoriar District — ^Ethan 
A. Holcomb, of Chariton county, and Peeves 
Leonard , of Howard county . 

From the Seventh Senatorial District — 
Abner L. Gilstrap, of Macon county, and 
Isham B. Dodson, of xVdair county. 

From the Eighth Senatorial District — John 
H. Ellis, of Living-ston county. 

From the Ninth Senatorial District — Knight 
G. Smith, of Mercer county, and William 
H. Folmsbee, of Daviess coiinty. 

From the Tenth Senatorial District — Jere- 
miah AVilliams . of Caldwell comity . 

From the Eleventh Senatorial ' District — 
Da^id Bonliam, of Andrew county, and 
John H . Davis . of Xodaway county , 

From the Twelfth Senatorial District — 
Lewis H. TVealiierby, of DeKalb county, 
and Eli Smith, of Worth county. 

From the Thirteenth Senatorial District — 
Samuel A. Gilbert, of Platte county, and 
William A. Morton, of Clay county. "^ 

From the Fourteenth Senatorial District — 
John P. Swearingen, of Jackson county, and 
x4.ndrewG. Xewgent, of Jackson county. 

From the Fifteenth Senatorial District — 
Willis S. Holland, of Henry county. 

From the Sixteenth Senatorial District — 
Frederick M. Fulkerson, of Saline county, 
and Benjamin F. Hughes, of Pettis county. 

From the Seventeentli Senatorial District 
— Jonathan T. Eankin, of Dade county, and 
Phihp J. Pohrer, of Cedar county. 

From the Eighteenth Senatorial District — 
Joel M. Grammer, of Barry county, and 
Archibald Gilbert, of Lawrence county. 

From the Mneteenth Senatorial District — 
EobertL. Childress, of Webster county, and 
John A. Mack, of Green county. 

From the Twentieth Senatorial District — 
Pives C. Cowden, of Polk county, and John 
Esther, of Laclede county. 

From the Twenty -JBrst'^ Senatorial District 
— James W. Owens, of Franklin county, 
and George Husmann , of Gasconade county. 

From the Tweutj^-second Senatorial Dis- 
trict — Ellis G. Evans, of Crawford county, 
and|David Henderson, of Dent county. 

From the Twenty-third Senatorial Dis- 
trict — John W. Fletcher, of Jefferson county. 

From the Twenty-fom-th Senatorial Dis- 
trict — Dorastus Peck, of Iron county, and 
James T. Sutton, of Wayne county. " 

From the Twenty -fiftli Senatorial Distiict 
—Alfred M. Bedford, of Mississippi county, 
and Samuel T. Davis, of New Madrid county i 

From the Twenty-sixth Senatorial District 
—George C. Thilenius. of Cape Girardeau 
county, and Archibald M. McPherson, of 
Peny"^ county. 

From the'Twenty-seventh Senatorial Dis- 
trict—John F. Mckernan, of Cole couiitj^, 
and Anton P. Nixdorf, of Miller county. 



From the Twenty-eighth Senatorial Dis- 
trict — Joseph F. Hume, of Moniteau county, 
and Plarvey Bunce, of Cooper county. 

From the Twenty-ninth Senatorial Dis- 
trict — William D ' Oench, of St. Louis county ; 
Henry A. Clover, of St. Louis county; Wyl- 
lys King, of St. Louis county; Chaunceyl. 
Filley.'of St. Louis county; Charles D. 
Drake, of St. Louis comity; Ferdinand 
Meyer, of St. Louis county': George K. 
Budd, of St. Louis county; 'Moses L. Lin- 
ton, of St. Louis county; Isidor Bush, of 
St. Louis county, and George P. Strong, of 
St. Louis county. 

All of whom have presented certificates of 
election in due form, except James P. 
Mitchell, of the Fifth District, and George 
Husmann, of the Twenty-first District, 
whose certificates have been left at home, or 
have fiiiled to reach them; also, Messrs. 
Eankin and Pohrer, of the Seventeenth Dis- 
trict, who have presented certificates from 
the Secretary of State. The Committee are 
satisfied that these four gentlemen have been 
duly elected members of this Convention. 
The Committee, therefore, recommend that 
the above named persons be enrolled as 
members of this Convention. 

All of which is respectfully submitted. 
GEOPGEP. STRONG, Ghairynan. 

St. Louis, January 6, 1864. 

Mr. Green, Chairman of the Committee 
on Permanent Officers, made the following 
report: 

To the President of the MissoiiH State Conven- 
tioji: 

The committee appointed to report on per- 
manent officers needed by the Convention for 
the transaction of business, beg leave to 
report as follows: That, in their opinion, 
there shoidd be a President, Vice President, 
Secretary. Assistant Secretary, Doorkeeper, 
and Sergeant-at-arms. 

Pespectfully submitted, 

' M. P. GEEEN, Chainnan. 

On motion of Mr. Drx^ke, the Convention 
proceeded to the election of permanent offi- 
cers . 

Nominations for President being in order, 
Mr. Owens placed in nomination Mr. Henry 
A. Clover, of St. Louis. 

Mr. Folmsbee placed in nomination Mr. , 
Arnold Krekel, of St. Charles. 

ISIr. Linton i)laced in nomination Mr. 
George K. Budd, of St. Louis. 

Mr. Budd withdrew his name. 

The vote being taken, Mr. Krekel received 
36 votes, and Mr. Clover received 20 votes, 
as follows : 

For Mr. Krekel — Messrs. Bonham, Chil- 
dress, Clover, Cowden, Da\is of Nodaway. 
Dodson, D' Oench, Drake, Ellis, Esther, 
Filley, Folmsbee, Gamble, Fulkerson, Gil- 



bert of liawrence, Gilstrap, Green, Hol- 
cDiiib. Holdswortli, Holland, Hume, Hus- 
mann. King, Linton, McPlierson, Mack, 
jNJiirtin, Mitchell, Peck, Eankin, Rohrer, 
Smith of Mercer, Smith of Worth. Sutton, 
Weatherby, and WilHams of Caldwell— 36. 

For Mr. Clover — Messrs. Bedford, Budd, 
Busli, Davis of New Madrid, Evans, Fletch- 
er, Harris, Huo-hes, Krekel, Leonard, Mc- 
Kernan, INIeyer, Morton, Newgent, Mxdorf, 
Owens, Strong, Swearingen, Switzler, and 
Thilenius— 20. 

Abrext — Messrs. Bunce, Gilbert of Platte, 
Graramer, and Henderson — 4. 

3^Il^ Krekel having received a majority of 
all the votes cast, w\as declared didy elected 
President of the Convention, which, on 
motion of Mr. Busii, was declared miani- 
moiis by acclamation . 

Upon motion, Messrs. Gilstrap and Drake 
were appoiiited a committee to conduct Mr. 
Krekel to the chair, which was done. 

Nominations for Vice President being next 
in order, Mr. Clover placed in nomination 
Mr. Charles D. Drake, of St. Louis, and 
moved he be declared the unanimous choice 
of the Convention by acclamation, which 
was agreed to. 

Nominations for Secretary being next in 
order, Mr. Meyer, of St. Louis, placed in 
nomination Mr. Amos P. Foster, of Frank- 
lin county , for Secretary of the Convention ; 
and, upon motion of Mr. D'Oench, he was 
declared unanimously elected by acclama- 
tion. 

Nominations for xVssistant Secretary being 
next in order, Mr. Gilstrap placed in nomi- 
nation Mr. Thomas Proctor, of Macon 
county. 

Mr. Budd placed in nomination Mr. S. E. 
Weed, of St. Louis. 

Col. J. W. Stephens and Capt. Leeper 
were also placed in nomination, but their 
Jiames were withdrawn. 

The vote was then taken and resulted as 
follows : 

For Thomas Proctor — Messrs. Bedford, 
Bonham, Childress, Davis of Nodaway, 
Dodson, Esther, Folmsbee, Fulkersoh, 
Gamble, Gilbert of Lawrence, Gilstrap, 
Green , Holcomb , Hold s worth , Holland , 
Hume, McKernan, McPlierson, Mack, Mit- 
ciiell, Newgent, Nixdorf, I'eck, Kohnn-, 
Smith of Merct>r, Smith of Wortli, Sutton, 
Swearingen, Thilenius, Weatherby, and 
Williams of Caldwell— lU. 

For Mr. Weed — Messrs. Budd, Bush, 
(yjover, Cowden, Davis of New Madi-id, 
Drake, D'Oench, Evans, Filley, Fletcher, 



Gilbert of Platte, Harris, Husmann, Hughes, 
King, Leonard, Linton, Martin, Meyer, 
Morton, Ow^ens, Strong, Switzler, and Mr. 
President — 24. 

Absent — Messrs. Bunce, Ellis, Grammer, 
Henderson, and Eankin — 5. 

Mr. Proctor having received a majority of 
all the votes cast, w^as declared duly elected 
as Assistant Secretary. 

Nominations for Doorkeeper being next in 
order, Mr. D'Oench placed in nomination 
Mr. Schuster, of St. Louis, and Mr. Meyer 
placed in nomination Mr. Henry J. Stierlin, 
of St. Louis, and the vote being taken stood 
as follow^s : 

For Mr. Stierlin — Messrs. Bedford, Bon- 
ham, Budd, Childress, Davis of New Mad- 
rid, Davis of Nodaway, Dodson, Drake, 
Esther, Filley, Fletcher, Folmsbee, Fulker- 
son. Gamble, Gilstrap, Gilbert of Lawrence, 
Gilbert of Platte , Green, Holcomb, Holds- 
worth , Holland , Hughes , Hume , Husmaim , 
King, Leonard, Linton, McKernan, Mc- 
Pherson, Mack, Martin, Meyer, Mitchell, 
Newgent, Nixdorf, Owens, Peck, Eankin, 
Eohrer, Smith of Mercer, Smith of AVortli, 
Strong, Sutton, Sw^earingen, Switzler, Thi- 
lenius, Weatherby, Williams of Caldwell, 
and Mr. President— 49 . 

For Mr. Schuster — Messrs. Bush, Clover, 
Cowden, and D'Oench — 4. 

Absent — Messrs. Bunce, Ellis, Evans, 
Grammer, Harris, Henderson, Morton— 7. 

Mr. Stierlin having received a majority of 
all the votes cast, was declared duly elected 
Doorkeeper. 

Nominations for Sergeant-at-arms being 
next in order, Mr. Strong nominated Mr. 
John W. Stephens, of Phelps county, and 
Mr. Owens nominated Mi-. Hequemburg, of 
St. Louis, and the vote being taken stood as 
follows : 

For Mr. Stephens — Messrs. Bedford, 
Bonham, Childress, Clover, Cowden, Da\is 
of New Madrid, Davis of Nodawav, Dodson, 
Ellis, Esther, Evans, Gamble, "^ Gilbert of 
Lawrence, Gilbert of Platte, Gilstrap, Green, 
Harris, Henderson, Holland, Holdsworth, 
Hume, Leonard, Mack, Martin, Mitchell, 
Morton, Newgent, Peck, Eankin, Strong, 
Sutton, Swearingen, andJMi-. President — 33. 

For Mr. HEciUE:\rBURG — Messrs. Budd, 
Bunce, Bush, D'Oench, Drake, Filley, 
Fletcher, Folmsbee, Fulkerson. Holcomb, 
Hughes, Husmann. King, Linton, ]McPher- 
son, McKernan, A[eyer"", Nixdorf. Owens, 
Smith of Mercer, Thilemus, and Williams of 
Caldwell— 22. 

Abse X r — jMessrs . Grammer , E ohrer , 
Smith of Worth, Switzler, AVeathorby — 5. 

Mr. Stephens having received a majority 
of all the votes cast, was declared duly 
elected Sergeant-at-arms . 



10 



Upon motion of Mr. Budd, the law au- 
thorizing- tlie holding of this Conyention was 
ordered to be spread upon the jonrnal. 

Mr. GiLSTRAP oiiered the folloT\dng reso- 
lution, which was read and agreed to: 

Resolved, That the President appoint two 
Pages for the Convention. 

The President appointed Masters George 
H. Pratt and Charles A. T. Stock, as Pages. 

Mr. Drake offered the follo\^ing resolu- 
tion: 

Resolved, That the Eev. Thomas Cole he 
appointed Chaplain ol the Convention diu-mg 

its sessions . 

jMi\ Strong offered the following as a 
substitute : 



Resolved,- That a committee of three he 
appointed to aiTange ^\\t\\ the loyal clergj- 
men of St. Louis to attend the meetings oi 
this Convention each moriung, to open them 
with prayer. 

]Mi\ FiLLEY offered the follovring resohi- 
tion: 

Resolved, That the Eev. Mr. Cole be ap- 
pointed by the President Chaplain of the 
Convention, and that a committee of three 
be appointed to arrange Avitli the loyal clergy 
of the State to open the i^roceedings of tlw 
Convention every morning with prayer. 

After debate, the substitute offered by Mr. 
Strong was adopted. 

On motion, the Convention adjourned un- 
til next Mondav niorninsr at 10 o'clock. 



THIRD DA.Y 



MOl^TOAY, January 9th, 1865. 



Convention met pursuant to adjom-nment. 
the President in the chair. 

Prayer was offered by Rev. Dr. Nelson. 

The Secretary called the roll of members, 
and the follov^ing gentlemen answered to 
their names : 

Messrs. Bedford, Bonham. Budd. Bunce, 
Bush, Childress, Clover, Cowden, Davis of 
New Madrid, Davis of Xodaway. Dodson. 
D'Oeneh, Drake, EUis, Esther, Evans, 
Filley, Fletcher, Folmsbee, Fulkerson. 
Gamble, Gilbert of Lawrence, Gilbert of 
Platte. Gilstrap, Grammer, Green, Harris, 
Holcomb, Holds worth, Holland, Hughes, 
Hume, King, Leonard. Linton, McKernan, 
McPherson. Mack, Martin. Meyer, Mitchell, 
Morton, Newgent, Nixdorf, Owens, Peck, 
Rankin, Smith of Mercer, Smith of Worth, 
Strong, Sutton. Swearino-en. Switzler, Thi- 
lenius". AVeatherby, Williams of Caldwell, 
tnid Mr. President— 58. 

Absent — Messrs. Henderson. Husmann, 
and Rohrer — 3. 

The joiu-nal of the proceedings of the last 
session was read and approved . 

Mr. ZSIeyer offered the following resolu- 
tion , which was adopted : 

Resolved. That a committee of three be ap- 
pointed, whose dtity it shall be to contract 
^\\t\\ a suitable person or persons, properly 
qualified, to report the debates and proceed- 
ings of this Convention. 

Mr. D-Oench offered the following resolu- 
tion, which was adopted: 



Resolved, That the oath of the Convention 
be administered to the Secretary, Assistant 
Secretary, Doorkeeper and Sergeant-at-arms. 

Judge Owens came forward an,d adminis- 
tered the oath to the said officers. 

Mr. Strong, from the Committee on Cre- 
dentials, stibmitted the folloT^'ingi 

The Committee on Credentials would re- 
spectfuU}" report, that William B. Adams 
has presented a certiticate of his election as a 
member of this Convention, in due form, and 
we recommend that he be enrolled as a mem- 
ber of this body, from the First Senatorial 
District. 



By order of the committee. 
GEO. P. STEON 



EONG , Chairman. 
St. Louis, Jan. 9, 1865. 

]Mr. Budd offered the following resolution . 
which was withdrawn : 

Resolved, That in the absence of the report 
of the Committee on Eules for the govern- 
ment of this Convention, the rules contained 
in Jefferson's Manual shall govern this body . 

Mr. Owens, Chairman of the Committee 
on Eules for the Government of the Conven- 
tion, presented the foUo^ving report: 

Mr. President : The committee which 
was appointed to report rules for the govern- 
ment of this Convention, would most re- 
spectivelv report, that they recommend tlie 
adoption of the rules adopted by a Conven- 
tion which assembled in the City of Jeffer- 
son, on the 17th day of November, 1845, 
and found on pages 11, 12, 13, 14, 15 and 23, 



11 



except the following words in rule No . 49 : 
•'And no member "sliall be allowed pay for 
any day tliat lie shall be absent from the ses- 
sion oi" the Convention, nnless he shall be 
prevented from attending from sickness . ' ' 

We also recommend the adoption of the 
following additional rale : 

' ' That; it shall l:»e the duty of the Vice 
President to discharge the \luties of the 
Chair when the President of the Convention 
shall be temporarilj'^ absent, and when the 
President shall be otherwise engaged. ' ' 

Your committee would further recommend 
the adoption of this report, and that one 
hundred copies of said rules 1)e printed for 
the use of the Convention . 

O WEXS , Chairman. 

Upon motion, the report was adopted. 

The rules reported are as follows : 

RULES FOR THE GOVBRNMEXT OP THE CONVEN- 
TION TO REVISE AND ALTER THE CONSTITU- 
TION OF THE STATE OP MISSOURI. 

OP THE PRESIDENT. 

First. He shall take the chair every day at 
the hour to which the Convention shall have 
adjourned; shall immediately call the mem- 
bers to order, and, on the appearance of a 
quorum, shall . cause the journal of the 
preceding day to be read. 

Second. He shall preserve order and de- 
corum ; may speak to points of order in 
preference to the members, rising from his 
seat for that purpose; and shall'decide all 
questions of order, subject to an appeal to 
the Convention, by any tvvo members; on 
which appeal no member shall speak more 
than once, unless by leave of the Convention. 

Third. He shall rise to put a question, but 
may state it sitting. 

Fourth. When a question has been put, if 
the President doubts, or if a division be 
called for, the Convention shall divide; those 
in the aflirmative shall rise from their seats, 
and afterward those in the negative. The 
President shall then arise and state the deci- 
sion of the Convention. 

Fifth. All committees shall be appointed 
by the President, unless otherwise specially 
directed l)y the Convention, in which case 
they shall be appointed by an open vote of 
the Convention. 

Sixth. I'he President shall examine and 
correct the journal before it is read; he shall 
have a general superintendence of the hall ; 
he shallhave the right to name any member 
to perform tlie duties of the Chair; but such 
substitution shall not extend beyond an ad- 
journment. 

Seventh. In case of any disturbance or dis- 
orderly conduct in the lobby, he (or the 
Chairman of the Committee 'of the Whole 
Convention) sliall have power to order tlie 
same to be cleared . 

Eighth. No person shall be admitted within 
the bar but members and officers of the Con- 
vention , and such other persons as may be 
invited by a member of tlie ("^'onvention to a 
seat within tlie bar. 



OF DECORUM AND DEBATE. 

Ninth. When any member is about to speak 
in debate, or deliver any matter to the Con- 
vention, he shall rise from his seat and 
respectfully address himself to the President. 

Tenth. If any member, in speaking, or 
otherwise, shall transgress tlie rules of the 
Convention, the President shall, or any 
member may, call to order; in Avhich case 
the member so called to order shall imme- 
diately sit dow^n, unless permitted to explain; 
and the Convention, if appealed to, shall 
decide on the case, but without debate; if 
there be no appeal, the decision of the Chair 
shall be submitted to. If the decision be in 
favor of the member called to order, he 
shall be at liberty to proceed; if otherwise, 
and tlie case require it, he shall be liable to 
the ceusm-e of the Convention. 

Eleventh. When two or more member-^ 
shall rise at once, the President shall name 
the person who is tirst to speak. 

Twelfth. No member shall make use of 
any intemperate, personal, or improper lan- 
guage, nor commit any breach of order 
during the session of the Convention. 

Thirteenth. No member shall speak more 
than twice on the same question, without 
leave of the Convention; nor more than once, 
until every member choosing to speak shall 
have spoken. 

Fourteenth. Whilst the President is putting 
anj^ question, or addressing the Convention, 
no person shall w^alk out of, or across, the 
hall; nor in such case, or when a member is 
speaking, shall entertain private discourse; 
nor whilst a member is speaking, shall pass 
between him and the Chair. 

Fifteenth. No member shall vote on any 
question in the event of which he is imme- 
diately and particularly interested, or in any 
other case when he was not present when 
the question was put, without leave of the 
Convention. 

Sixteenth. Upon a di"\ision and count of 
the Convention on any question, no member 
without the bar shall be counted. 

Seventeenth. Ever}^ member wlio shall be 
in the Convention ^vhen a question is put 
shall vote, unless the Convention, for special 
reasons, shall excuse him. 

Eighteenth. All motions and propositions 
shall be in writing, and signed by the mover, 
except motions to adjourn, to reter, to post- 
pone, to print, to lay on the table, or for 
the previous question, or lea^-e of absence: 
and every member making a proposition 
sliall, in ills place, read it 'distinctly to the 
Convention,. 

Nineteenth. When a question is made and 
seconded, it shall be stated by the President, 
or, bi'ing in writing, it shall be handed to 
the Secretary, and "by him read aloud before 
debated. 

Twentieth. After a nuUion is stated by 
the President, or read by the Set-retary, it 
shall be deemed to be iii the possession of 
the Convention, but may be withdrawni at 
any time before a decision or amendment. 



12 



Twenty-first. When a question is under 
debate, no motion shall be received but to 
adjourn, to lay on the table, for the previous 
question, to postpone to a day certain, to 
commit or amend , to posti^oue indefinitely ; 
which several motions shall have precedence 
in the order in which they are arranged, and 
no motion to postpone to a day certain, to 
commit, or postpone indetinitely , being de- 
cided, shall be again allowed on the same 
day, and at the same stage of the proposi- 
tion. 

Twenty -second. A motion to adjourn shall 
always be in order, and shall be decided 
mthout debate. 

Twenty-third. All questions except those 
enumerated in rule twentj^-hrst. shall be 
put in the order in which tiiey are moved, 
except that in tilling up blanks, the largest 
sum and the largest time shall be first put. 

Twenty -fourth . The previo us question shall 
be in this form : ' \Shall the main question be 
now put?' ' It shall only be admitted when 
demanded by two-thirds of the members 
present; and until it is decided, shall pre- 
clude all amendments and further debate of 
the main question, and must be decided 
without debate. 

Twenty-fifth. When the Convention ad- 
journs, every member shall keep his seat 
until the President leaves his seat. 

Twenty-sixth. Any member may call for a 
division of the question when the sense ^^111 
admit of it. 

Tioenty -seventh. A motion for commit- 
ment, till it is decided, shall preclude all 
amendments of the main question. 

Twenty-eighth. Motions, reports and other 
business may be committed at the i)leasure 
of the Convention . 

Twenty-nmth . ISTo new motion or proposi- 
tion on a subject different from that under 
consideration shall be admitted under color 
of amendment, or as a substitute for the 
motion or proposition under debate. 

Thirtieth. When a motion or proposition 
has been once can-ied in the afhrmati^•e or 
negative, it shall be in order for any member 
of the prevailing party to move for the con- 
sideration thereof at "^any time within three 
sitting days after such\]ecision, provided 
that the proposition which may be adopted 
or rejected shall always be subject to recon- 
sideration after t^vo days" notice being given 
thereof. 

Thirty-first. When the reading of a paper 
is called for, and the same is objected to by 
any member, it shall be determined by a 
vote of the Convention. 

Thirty-second. The unfinished business in 
which the Convention was engaged at the 
time of the last adjournment, shall have 
the preference in the orders of the day ; and 
no motion, or any other business, shall be 
received without special leave of the Con- 
vention, until the former is disposed of; but 
any business that is made the order of a 
particular day, shall have the preference 
over other business on that day. 

Thirty-third. Any seven members shall be 



authorized to compel the attendance of ab- 
sent members when there is no quorum 
present . 

Thirty-fourth. Any two members shall 
have the right to call for the ayes and noes 
on any question. 

Thirty-fifth . Xo member shall absent him- 
self froni the Convention, unless he have 
leave, or be sick and unable to attend. 

Thirty-sixth. There shall be a committee 
of elections, whose dut}^ it shall be to 
examine and report upon the credentials 
of the members returned to serve in this 
Convention. 

Thirty-seventh. ]SJ"o standing rule shall be 
rescinded or altered wdthout one day's notice 
being given of the motion therefor. 

Thirty-eighth. The Secretary of the Con- 
vention shall attend during its session ; shall 
make out and keep its journals; seasonably 
record all its proceedings ; keep regular files 
of the papers; attest all process issued by 
the Convention, and execute the commands 
of the Convention. 

Thirty-ninth . The Secretary shall not suffer 
any records or papers to be taken out of his 
custody b}^ anj^ member or other person. 

Fortieth. X6 standing rule or order of the 
Convention shall be suspended or dispensed 
with, without the concm-rence of two -thirds 
of the members present. 

Forty-first. The Convention may, at any 
time, resolve itself into a C'ommittee of the 
Whole, to consider the existing Constitution, 
and such propositions for the amendment or 
alteration thereof, as shall be referred to or 
made in such committee. 

Forty-second. In forming the Committee 
of the Whole, the President shall leave the 
Chair, and a chairman to preside in com- 
mittee shall be appointed bj' the President. 

Forty -third . Every member adckessing the 
Convention , shall confine himself strictly to 
the subject matter under debate. 

Forty-fourth. There shall be a standing 
committee of five, whose duty it shall be to 
revise every article or amendment of the 
Constitution, after it is adopted by the 
Convention, and report the same to the 
Convention on the next day, or as soon 
thereafter as practicable ; aiicl after being 
thus reported, it shall be read on two several 
days before it shaU be finally acted on; and 
it amended after being thus reported, it shall 
again in like manner be referred to, and 
reported by, the said committee, and again 
acted on by the Convention in the maiiner 
above provided. 

Forty-fifth. All select committees shall 
consist of thi'ee members, unless otherwise 
ordered. 

Forty -sixth. All committees shall be ap- 
pointed by the President, unless otherwise 
ordered. 

Forty-seventh . All question s relating to the 
priority of debate shall be acted on without 
debate . 

Forty-eighih. No member or other person 
shall be permitted to smoke within the hall 
or lobby at any time whatever. 



13 



Forty-ninth. A commiteee of three mem- 
bers shall he appointed by the President, 
who shall scrutinize and pass upon all ac- 
counts, and keep in a book a correct state- 
ment thereof, and shall take the necessary 
steps to prevent the allowance of all improper 
and unjust claims. 

Fiftieth. In all cases not provided for in 
these rules, the parliamentary practice con- 
tained in Jefferson's Manual shall govern 
the Convention. 

Fifty -first. When a proposition is made 
to amend the Constitution, it shall be read 
the first time for information, and if no ob- 
jection be made thereto, it shall be ordered 
to a second reading, as a matter of course; 
but if objected to on the first reading, the 
only question shall be : " Shall the proposi- 
tion be rejected?" If not re^jected, it shall 
go to a second reading, as a matter of course; 
and the second reading shall be on a subse- 
quent day. After the second reading, it 
may be referred, amended, or otherwise dis- 
posed of, as a bill on its second reading; and 
before it is ordered to a third reading, it 
shall be engrossed , and upon the third read- 
ing the question shall be : " Shall the amend- 
ment be adopted?" and if adopted, it shall 
go without a question to the Revising Com- 
mittee . 

Fifty-second. That it shall be the dutj'' of 
the Vice President to discharge the duties of 
the Chair wdien the President of the Conven- 
tion shall be temporarily absent, and when 
the President shall be otherwise engaged. 

Mr. D'Oench offered the following reso- 
lution : 

Resolved, That the Sergeant-at-arms be 
instructed to procure, during the session ot 
the Convention, for each member, one copy 
of the Daily St. Louis Democrat. 

Mr. Harris moved to amend by adding 
thereto one copy of the Daily St. Louis 
Republican for each member. \ 

Mr. BoNHAM moved to amend by allowing 
each member five daily papers — the members 
to make their own selection . 

On motion of Mr. Owens, the resolution 
and proposed amendments w^ere laid upon 
the table. 

Mr. BuDD offered the following resolu- 
tion: 

Resolved, That this Convention may resolve 
itself, at any time, into a Committee of the 
Whole, on demand of any one member, 
seconded by a mnjority of the Convention ; 
and, when so sitting, the President shall 
vacate the Chair, an^d call any member to 
preside over the Committee. 

The President stated that this proposition 
was embraced in the rules as adopted, where- 
upon Mr. BuDD withdrew his resolution. 



Mr. Strong offered the following resolu- 
tion : 

Resolved, That the Committee on Printing 
be instructed to have a sufficient number of 
the rules, adopted for the government of 
this body, printed for the use of the mem- 
bers . 

The matter embraced in this resolution, 
being embodied in the report presented by 
Mr. Owens, the resolution was withdrawn . 

Mr. OwExs offered the following ordi- 
nance : 

I Be it ordained by the People of the State of Mis- 
souri, in Convention assembled: 
Section 1. The twenty-sixth, twenty- 
seventh, and twenty-eighth sections of the 
third article of the Constitution are hereby 
abrogated. 

Sec. 2. That an ordinance passed by the 
Convention of the State of Missouri, on the 
first day of July, 1863, entitled "An ordi- 
nance to provide for certain amendments of 
the Constitution, and for emancipation of 
slaves," be, and the same is hereb3^ abol- 
ished. 

Sec. 3. That hereafter, in this State, there 
shall be neither slavery nor involuntary servi- 
tude, except in punishment of crime, whereof 
the party shall have been duly convicted; 
and all persons held to service "^ or labor, as 
slaves , are hereby declared free. 

Mr. D'Oench offered the folio^\ing as a 
substitute : 

AN ORDINANCE FOR THE ABOLITION OP SLAVERY 
IN THE STATE OP MISSOURI. 

Be it ordained by the People of the State of Mis- 
souri, in Convention assembled, as follows: 
Slavery and involuntary servitude, except 
for crime, are liereby al^dlished in this State; 
and all negroes and mulattoes now held as 
slaves in Missouri, shall become absolutely 
free from and after the passage of this ordi- 
nance . 

Mr. Strong offered the following ordi- 
nance of emancipation : 

AN ORDINANCE FOR THE ABOLITION OF SLAVE- 
RY IN THE STATE OP MISSOURI. 

Whereas, The system of American slavery, 
originating in grievous wrong to a weak and 
helpless race, has proved a fruitful source oi 
discord and alienation among the States of 
the Federal Union — a fatal" error in our 
republican prmciples, destructive of the 
pence of the nation, of the prosperity of our 
civil institutions, and has at length involved 
us in a rebellion, unprovoked ."inexcusable 
in its origin, and unpnralleled in the atrocity 
and wickedness of its prosecution : therefore, 
in the name of justice and humanity — to 
promote the welfare of the African race— the 
peace and i^rosperity of this Commonwealth, 
and the perpetual* union of those United 



14 



States — involving' the blessino- of Almio^hfy- 
G-od upon the act — we, the people of 5lis- 
sonri, in Convention assembled, do ordain 
and declare — 

First — That slavery in Missouri is hereby 
abolished, and all those heretofore held iii 
bondage within this State , are hereby eman- 
cipated. 

Second — That hereafter, m this State, there 
shall be neither slavery nor involmitary 
servitude, except in punishment of crime, 
whereof the party shall have been dnly con- 
victed. 

TJm^d — That all provisions of the present 
Oonstitntion of this State, and all laws and 
ordinances inconsistent v^ith the provisions 
of this ordinance, are hereby repealed and 
abrogated. 

]Vir. FiLLEY ofiered the following resolu- 
tion: 

Resolved, That all ordinances or propo- 
sitions concerning the amending or changing 
the present Constitution, shall be referred, 
without debate, to the proper committees 
which shall be api^ointed by the President, 

Mr. OwEXS offered the folloT\ing resolu- 
tion: 

Resolved, That the ordinance introduced 
by Mr. Owens, upon the subject of abolish- 
ing slavery in this State, and also the substi- 
tute offered by Mr. D'Oench, and the substi- 
tute to the substitute, offered by Mr. Strong, 
be printed . and made the special order for 
Tuesday, the 10th day of January, 18G5, at 
ten o'clock. 

Mr. BoxHAM offered the follovving resolu- 
tion , which ^^'as withdrawn , \\z : 

Resolved, That it is the opinion of this 
Convention that the interests of Missouri 
\%ill be best promoted by a comiDlete revision 
of the whole Constitution. 

]Mr. De-ike offered the following resolu- 
tion: 

Resolved, That the several ordinances pre- 
sented, ^ith all resolutions in relation 
thereto, be postponed till to-morrow at 10 
o'clock. 

Upon which motion he demanded the ayes 
and noes, and the vote being taken, stood as 
follows : 

Ayes— Messrs. Adams, Bedford, Bonham, 
Budd, Bunce, Bush, Childress, Clover, 
Cowden, Davis of Xew Madrid. Davds of 
Nodaway. Dodson, D'Oench, Drake, Ellis. 
Esther, 'Evans. Filley, Fletcher, Folmsbee, 
Fulkerson, Gamble.' Gilbert of Lawrence, 
Gilbert of Platte, Gilstrap.Grammer. Green ^ 
Harris, Holcomb, Holds worth, Holland, 
Hughes, Hume. King, Leonard, Linton, 
McKeruan, McPherson, Mack, Martin, 
Meyer, Mitchell. Morton, Xewgent, Nix- 
dorf , Owens , Peck , Eankin , Smith of Mercer , 
Smith of Worth, Strong, Sutton, Swearin- 



geu, Switzler, Thilenius, Weatherby, Wil- 
liams of Caldwell, and Mr. President — 58. 
XoES — ^None. 

Absent — Messrs. Henderson, Husmann, 
and Kohrer. 

So the resolution of Mr. Drake was 
adopted . 

Mr, Drake offered the following resolu- 
tions, which were adopted: 

Resolved, That the folloTidng committees 
be appointed by the President: 

1st. A Committee on Boundaries , to whom 
shall be referred the fhst article of the pres- 
ent Constitution. 

2d. A Committee on the Legislative De- 
partment, to whom shall be referred the third 
and thirteenth articles of the present Con- 
stitution. 

3d. A Committee on the Executive De- 
partment, to whom shall be referred the 
fourth article of the present Constitution. 

4th. A Committee on the Judicial Depart- 
ment, to vrhoni shall be referred the fifth 
article of the present Constitution. 

5th. A Committee on Education, to whom 
shall be referred the sixth article of the pres- 
ent Constitution. 

6th. A Committee on Internal Imi)rove- 
ments, to whom shall be referred the seventh 
article of the present Constitution. 

7th. A Committee on Banks, to whom 
shall be referred the eighth article of the 
l)resent Constitution. 

8th. A Committee on the 3Iihtia, to whom 
shall be referred the ninth article of the 
l^resent Constitution. 

9th. A Committee on the Seat of Govern- 
ment, to whom shall be referred the eleventh 
article of the present Constitution. 

10th. A Committee on the Mode of Amend- 
ino' the Constitution, to which shall be 
reterred the twelfth article of the present 
Constitution. 

11th. A Committee on Miscellaneous Pro- 
visions, to whom shall be referred such parts 
of the present Constitution as are not, by 
the foregoing terms of this resolution, di- 
rected to" be referred to some other commit- 
tee. 

Resolved. That each of said committees 
shall consist of seven members. 

Resolved, That the President of the Con- 
vention be ex-offieio a member of each of said 
committees. 

Resolved. That each of said committees 
shall carefully examine the parts of the 
present Constitution referred to them respec- 
tively, and report to the Convention such 
amendments thereof as they may consider 
expedient. 

Resolved, That all propositions to amend 

I the Constitution, introduced prior to the 

: report of any committee, to which such 

proposition would be properly referaJble. 

shall be referred to such committee without 

debate . 

Isir. BuDD offered the following resolution, 
which was adopted : 



15 



Resolved, That the Sergeant-at-arms be 
iiistniered to furnish the necessary stationeiy 
for the members of this Convention. 

Mr. BuDD offered the following resolution, 
which was adopted : 

Resolved, That a Committee (consisting of 
five meml^ers) on Finance be, and the same 
shall be appointed by the Chair, to whom 
shall be referred all propositions and motions 
regarding the present condition of the 
finances of the State, and that such proposi- 
tions and motions, when so referred, shall 
be duly considered by the committee afore- 
said . 

Mr. Smith of Worth offered the follow- 
ing preamble and resolution, which, on 
motion of Mr. Clover, were laid upon the 
table : 

Whereas, All efforts, up to this time, 
have failed to secure to the various counties 
the credits they are justly entitled to for 
men who have actually gone into the military 
iservice; therefore, belt 



Resolved^ That the Chair ai:)i3oint a commit- 
tee of five to prepare a memorial to the Presi- 
dent of the United States, and to Congress, 
and the Governor of this State, in reference 
to the draft, that some means maybe devised 
to secure to the various counties and town- 
ships credit for the men who have gone into 
the service that were residents of said coun- 
ties; and further, that this State may receive 
credit for men that have gone into the South- 
ern army, and such others as she may be 
justly entitled to. 

Mr. HoLCOMB offered the following reso- 
lution, which was adopted: 

Resolved, That the first three rows of seats 
outside the bar, and such seats as are unoccu- 
pied inside the bar, be reserved for ladies 
and invited guests . 

Mr. FiLLEY offered the following resolu- 
tion, which was adopted: 

Resolved, That the Fresident appoint a 
committee of three to iDrovide for the printing 
of this Convention. 

On motion, the Convention adjourned 
until to-morrow morning at 10 o'clock. 



FOURTH D^Y 



Convention met pursuant to adjournment, 
the President in the chair . 

Prayer by the Pev. D. Gr. Armstrong. 

Tlie President directed the roll to be called, 
"wlieu the foUo^ving members were present : 

Messrs. Adams, Bedford, Bonham, Budd, 
Bunce, Bush, Childress, Cowden, Davis of 
New Madrid, Da^ds of Nodaway, Dodson, 
D'Oench, Ellis, Esther, Filley, Fletcher, 
Folmsbee, Fulkerson, Gamble, Gilbert of 
Lawrence, Gilbert of Platte, Gilstrap, Gram- 
mer. Green, Harris, Henderson, Holcomb, 
Holdsworth, Holland, Hughes, Hume, Hus- 
mann. King, Leonard, Linton, McPherson, 
Mack, Meyer, Mithceli, Morton, Newgent, 
Nixdorf, Owens, Peck, Rankin, Smith of 
Mercer, Smith of Worth, Strong, Sutton, 
Swearino:en, Weatherby, Williams of Cald- 
well, Williams of Scotland, and Mr. Presi- 
dent — 54. 

Absent — Messrs. Clover, Drake, Evans, 
McKernan, Martin, Pohrer, Switzler, and 
Thilenius — 8. 

The journal of yesterday was read by the 
Secretary and approved . 

The foUoAving standing and special com- 
mittees were then announced by the Presi- 
dent: 



TUESDAY, January 10th, 1865. 

STANDING COMMITTEES. 

1 . On Boundai'ies — Messrs. Leonard, Drake, 
Adams, Martin, Switzler, and Holland. 

2. On Legislative Department — Messrs. 
Drake, Bunce, Clover, Eankin, Filley, 
Green, and King. 

3. On Executive Department — Messrs. Green, 
Ellis, Husmann, Swearingen, Dodson, Gam- 
ble, and Thilenius. 

4 . On Judicial Department — Messrs . Clover , 
Adams, D'Oench, Esther, Smith of Worth, 
Owens, and Weatherby. 

5. On Education — Messrs. Strong, Hughes, 
Holcoml), Williams of Caldwell," Gilbert of 
Platte, Evans, and Henderson. 

6 . On Internal Improvement — 3Iessrs . ^lack , 
Peck, Bedford, Bonham, McKernan, Smith 
of Mercer, and Grammer. 

7. On Banks — Messrs. Bush. Holcomb, 
Linton, jNEitchell, Davis of Nodaway. Ful- 
kerson, and Sutton. 

S. On Militia— MeBSi'S. Newgcnt, ^feyer, 
Fletcher, Holdsworth, Hume, Bonham, and 
Leonard . 



16 



9. On Seat of Govermnent— Messrs. Folms- 
bee, Mxdorf, Childress, Cowden, McPher- 
son, Meyer, and Filley. 

10. On Mode of Amending the Constitution — 
Messrs. Gilstrap, Morton, Biidd, Swearin- 
gen, Hiismann, and Strong. 

11. On Miscellaneous Provisions — ^jMessrs. 
Owens, Gilstrap, Strong, Martin, Rohrer, 
Davis of New Madrid, Gilbert of Lawrence, 
and Harris. 

SPECIAL COMMITTEES. 

1 . On Printing — ^IVIessrs . Filley , D ' Oencli , 
and King. 

2. On Finance — Messrs. Budd, Smith of 
Mercer, D-Oench, King, and Switzler. 

3. Committee to Em,ploy Suitable Persons to 
Rejyort Proceedings^ ^c. — Messrs. Meyer, 
Owens, and Filley. 

4. Committee to Confer with Clergymen^ Sfc. 
—Messrs. Strong, King and D'Oench. 

Mr. Meyer, Chairman of the Committee 
to employ a reporter to report the proceed- 
ings of the Convention, presented the fol- 
lowing report: 

The committee to whom was referred the 
resolution to employ a competent person to 
report the proceedings and debates of this 
Convention, report thev have discharged that 
duty, and have employed Mr. L. L. Wal- 
bridge, a gentleman well quahfied to dis- 
charge the duties, and have agreed to pay 
him lifteen dollars per day during the sitting 
of this Convention, and to commence on the 
6th inst. , he furnishing additioiial assistance 
when required at his own expense. All of 
which is respectfully submitted. 

FERDINAND jMETER, Chairman. 

CHAUNCEY I. FILLEY. 

On motion of Mr. Bush, the report was 
adopted. 

Mr. Strong, Chairman of Committee on 
Credentials, reported that Eugene Williams, 
of Scotland county, member elect from the 
Third Senatorial District, had presented his 
credentials, that they were correct, and he 
recommended that Mr. Williams be enroUed 
as a member. 

Upon motion, the report was adopted. 

Mr. Williams was enrolled, and came for- 
ward and took the oath. 

Ml-. Strong offered the following resolu- 
tion: 

Resolved^ That the President appoint a 
committee of live on emancipation, to whom 
the various ordinances otfered yesterday, 
and any other similar papers, shall be re- 
ferred, with instructions to report on the 14th 



inst., by ordinance or otherwise, for the 
emancipation of slaves and the abolition of 
slavery. 

Mr. Evans offered the following as a sub- 
stitute to the resolution offered by jVir. 
Strong: 

Resolved^ That a committee of seven be 
appointed, to be called a Committee on 
Freedom. 

Mr. Filley moved to lay the resolution 
and substitute on the table . 

Mr. Budd demanded the ayes and noes 
thereon, and the vote being taken, stood as 
follows : 

Ayes — ^IMessrs. Adams, Bush, Childress, 
Davis of New Madrid, Ellis, Esther, Filley, 
Folmsbee, Fulkerson, Gamble, Gilbert of 
Lawrence, Gilbert of Platte, Ilarris, Hen- 
derson, Holcomb. Husmann, Leonard, Mc- 
Kernan, Moi-ton, Peck, Rankin, Rohrer, 
Smith of Mercer, Smith of Worth, Switzler, 
and Weatherby — 26. 

Noes — Messrs. Bedford, Bonham, Budd, 
Bunce. Cowden, Davis of Nodaway, Dod- 
son, D'Oench, Evans, Gilstrap, Grammer, 
Green, Holds worth, Holland. Hughes, King, 
Linton, McPherson, Mack, Meyer, Mitchell, 
Newgent, Nixdorf, Owens, Strong, Sutton, 
Swearingen, Thilenius, Williams of Cald- 
well, and Mr. President— 30. 

Absent — Messrs. Clover, Drake, Fletch- 
er, Hume, Martin, and Williams of Scot- 
land — 6 . 

So the motion to lay on the table was dis- 
agreed to. 

Mr. Evans then withdrew his substitute. 

Mr. Bonham offered the following amend- 
ment to the resolution offered by Mr . Strong : 
Strikeout the words "without delay" and 
insert • 'on the 14tli instant, ' ' which amend- 
ment was accepted by Mr. Strong. 

Mr. Budd offered the following amend- 
ment to the amendment: To insert the 
"11th instant" in place of the "14th in- 
stant, ' ' which was also accepted by Mr. 
Strong. 

Mr. Budd then moved the adoption of the 
resolution as amended. 

Mr. demanded the ayes and noes, 

and the vote being taken, stood as follows: 

Ayes — Messrs. Adams, Bedford, Bonham, 
Budd, Bunce, Bush, Childress. Cowden. 
Davis of Nodaway, Dodson, D'Oench, El- 
lis, Esther, Evaiis, Fletcher, Folmsbee, 
Fulkerson, Gamble, Gilbert of Lawrence i 
Gilstrap, Grammer, Green, Henderson, 
Holds worth, Holland, Hughes, Hume, Hus- 
mann, King, Leonard, Linton, McKernan, 
McPherson, Mack, Martin, Meyer, Mitchell, 
Newgent, Nixdorf, Owens, Peck, Rohrer, 
Smith of Mercer, Smith of Worth, Strong, 



17 



Sutton, Swearingen, Thileiiius, W^eatherby, 
and \Yilliams of Caldwell — 50. 

XoES — Messrs. Clover, Davis of New 
Madrid, Filley, Gilbert of Platte, Harris, 
Holcombe, Morton, Kankin, Switzler, and 
Mr. President— 10. 

Absent — Messrs. Drake, and Williams of 
Scotland — 2. 

So tlie resolution as amended was adopted. 

Mr. BoNHAM oiFered the folio wino^ ordi- 
nance on emancipation, wdiich was read the 
first time, and, on motion, the rules govern- 
ing the Convention were suspended, and the 
ordinance was read the second time by its 
title, and referred to the Committee on 
F:]maucipation : 

ARTICLE — . 

On Emancipation of Slaves. 

Section 1. All men are born free and 
independent, and have certain inherent 
rights; among these are life, liberty, and the 
pursuit of happiness. It is, therefore, de- 
clared, tliat slavery and involuntary servi- 
tude shall cease to exist iji Missouri, on the 
fourteenth day of January, xl. D. eighteen 
hundred and "^sixty-five, otherwise than for 
tiie 'punishment of crime, whereof the party 
shall have been duly competed. And all 
slaves within this State on that day are here- 
by declared to be free . 

Sec. 2. All persons held as slaves in any 
of the United States, or by any foreign 
power, that may be brought into this State 
for any purpose whatever, or any slaves 
wdio may come into this State of their own 
free will and accord, after the fourteenth 
day of January, A. D. eighteen hundred 
and sixty-live, are hereby declared to be 
free. 

Sec. 3. The Legislature shall pass laws 
for the protection of all persons in their right 
to freedom , by virtue of the next two pre- 
(x^ding sections . 

Sec. 4. It is hereby declared that an ordi- 
nance entitled ' ''An Ordinance to p7'ovide for 
certain amendments to the Constitutioti , and for 
miancipation of slaves^'' passed on the first 
day of July, A. D. eighteen hundred and 
sixty -three, by the State Convention, then 
in session at Jeiferson City, in this State, is 
her(!by abrogated, and all classes of slaves 
mentioned in section two of said ordinance 
are declared to be free in accordance with the 
provisions of seetion one of this article. 

Sec. 5. After the fl.rst day of January, 
A. D. eighteen hundred and seventy, the 
Le^^islature shall pass laws extending the 
right of suffrage to all male negroes and 
mulattoes in this State, or who may thereaf- 
ter come into this State, of the age of twenty - 
one years and upward. But no such law 
shall be of force until the same sliall have 
l)(!en submitted to a vote of the peojjle at a 
general election, and approved by a majority 
of all the votes cast at such election oil that 
»iubject. 

B 



Sec. 6. The Legislatm^e shall pass laws 
for the education of all persons made free by 
this article, between the ages of five and 
twenty years, and also foi- the education of 
all free negroes and mulattoes in this State, 
or who may hereafter come into this State, 
between the ages above specified. 

Sec. 7. The Legislature shall pass laws 
for the maintenance of all freed persons left 
without support, and who are unable to pro- 
vide for themselves. 

Sec. 8. The Legislature shall pass law^s 
for the protection of the person and property 
of all persons made free by this article, and 
negroes and mulattoes already free, and 
making_ them capable, in law, of contracting 
and being contracted with, giving them a 
right to sue and be sued in all courts of law 
and equity in this State. 

Mr. BoNHAM offered the following resolu- 
tion, which was adopted: 

Resolved^ That a committee of seven be 
appointed on the elective franchise and the 
disfranchising of rebels, and that all articles 
offered on that subject shall be referred to 
said committee. 

Mr. Bush offered a resolution on repre- 
sentation , which was read and referred to the 
Committee on Legislative Department. 

Mr. BoNHAM introduced the following 
ordinance on education , which was read the 
first time, and, on motion, the rules govern- 
ing the Convention were suspended, and the 
ordinance was read a second time by its title , 
and referred to the Committee on Education: 

Section 1. The supervision of public in- 
struction shall be vested in a State Superin- 
tendent, and such other officers as the Legis- 
lature shall direct. 

Sec. 2. There is hereby created and 
established a School Fund, which shall con- 
sist of the proceeds of all lands belonging 
to this State known as Saline lands, and of 
lands now or hereafter vested in this State by 
escheat, or purchase, or forfeiture for taxes'; 
the proceeds of all lands that have been , or 
hereafter may be, granted by the United 
States to this State for educational purposes, 
including all lands gi-anted to this State by 
the United States, known as ''swamp or 
overflowed lands ; ' ' and the clear proceeds 
of all fines collected in the several cities and 
counties for any breach of the penal laws; 
and the clear proceeds of all fines collected 
for every description of misdemeanor; and 
all monej's received hj each county for strays 
forfeited hy the owners thereof; and all 
moneys received by each county, respectively, 
for licenses granted for the sale of intoxicat- 
ing li(xuors, "or keeping of dram shops; and 
the clear proceeds of'all property that mav 
hei-enfter be forfeited to the State, through 
un\ (.aaso wluiluvor, ilie inieresi of wliich, 
logotlior with twenty-five per centum of the 
State revenue, shall be annually set apart for 



18 



school purposes, and all other revenues as 
the Legislatm-e may deem loroper, shall be 
set apart and become a perpetual school 
fund, and be exclusively applied to the fol- 
lowing objects, to wit r 1st, to the support 
and maintenance of common schools in each 
school district, and the pm-chase of suitable 
libraries and api^arat us therefor; the residue 
(if any) shall be applied to the support of 
and maintenance of academies and normal 
schools. 

Sec. 3. The Legislature shall provide, 
by law, for the establishment of district 
schools, and such schools shall be free and 
mthout charge for tuition, to all children 
between the ages of five and twentj^ years . 
In case the public moneys shall be insuffi- 
cient for tuition in any\school district, the 
balance shall be raised by tax on all the tax- 
able property in such district. 

Sec. 4. Provision shall be made by law 
for the distribution of the income of the 
School Fund among the several cities and 
school districts of the State, for the support 
of common schools therein, in some just 
proportion to the numbei- of children and 
youth resident therein, between the ages of 
five and twenty years ; but no monej^s shall 
be paid, out "^of the School Fund, to any 
school district either in city or township, 
unless a school has been kept at least three 
months within the school year for which 
such moneys are appropriated, and all such 
moneys ( if any ) shall be equally divided ■ 
amono- the school districts in the townshi]) 
to which such mone}' was originally appro- 
priated, according to the number of children 
in each district between the ages above 
specified. 

Sec. 5. The Legislature of this State is 
hereby prohibited from loanuig or using the 
School Fund for State purposes, but "sliall 
keep it inviolate for the use and purpose 
above specified: Provided, They may pass 
laws to loan m\j part of the School Funds to 
individuals, upon good and sufficient real 
estate security, wliere the amount loaned 
exceeds one hundi-ed dollars, and personal 
security in sums less than one hundred dol- 
lars, with interest not less than seven nor to 
exceed ten per cent, per annum, payable 
annually . 

Mi\ BoxHAM introduced the follomng or- 
dinance on banks and banking houses, 
which was read the lu'st time, and, on mo- 
tion, the rules governing the Convention 
were suspended, and the ordinance was read 
the second time by its title, and referred to 
the Committee on Banks : 

article — . 

On Banks and Banking Powers. 

Section 1. The General Assembly may 
incorporate banking companies in this^ State*^, 
with branches to be established by the Legis- 
lature, but not more than one branch to each 
bank shall be established at any one session 



of the Legislature, and no bills shall be here- 
after issued in this State, by any banking 
company or institution, unless such bill or 
bills be secured by bonds of the United 
States, deposited ^^ith the United States 
Treasurer at Washington City, in conformity 
with an act of Congress relative to banking\ 
approved February twenty-fifth, eighteen 
hundred and sixty -three. 

Sec. 2. All banking companies, or insti- 
tutions, now in existence in this State, other 
than those organized under the act of Congress 
above specified, shall cease to exist after the 
first day of January, A. D. eighteen hun- 
dred and sixty-six ."^ and all bills issued or 
discounted b3'\iny such bank after that date 
shall be deemed illegal currency: and all 
new bills issued by any such banks, or bank- 
ing institutions, after "the first day of Febru- 
ary, A . D .' eighteen hundred and sixty-five, 
shall be deemed illegal currency. 

Sec. 3. The Legislature shall pass laws 
prohibiting, under penalty, the circulation 
of illegal currency, or the issuing and circu- 
lating of any bill or bills, or other evidence:' 
of debt, without authority of law. 

Sec. 4. The Legislature shall pass laws 
withdrawing all bank stock owned by this 
State in ' ' The Bank of the State of Missouri, " ' 
and place the avails thereof in the hands of 
the State Treasurer, for the benefit and sup- 
port of common schools in this State; ex- 
cepting the seminary stock fund, which 
shall beheld in trust for the seminary, as 
heretofore held. 

Sec. 5. All moneys r^-ceived, as provided 
in this article, may be loaned to individuals 
upon good and sufficient real estate security, 
as the Legislature may direct; but the Legis- 
lature is" hereby prohibited from investing 
any of such moneys in Missouri or any other 
State public stocks. 

Mr. BoNHAM ottered tlie following ordi- 
nance on internal improvement, winch was 
read a first time, and, on motion, the rules 
governing the Convention were suspended, 
and the ordinance read a <econd time hy its 
title, and referred to the ^ ommittee on Liter- 
nal Improvement : 

Section 1. The Legishiiure of this State 
are forever prohibited'froni passing any lavr 
for the carrying on of a .-ystem of internal 
improvements by the State, and all railroads, 
or other improvements, now in the hands of 
the State, or that may her-after fall into the 
hands of the State, upon default of the pay- 
ment of any principal or iiiterest due. or to 
become due\ on State bonds heretofore issued 
to railroad companies h\ authority of the 
Legislature, shall be disposed of by the 
Legislature for the benefit of the State ; but 
the State shall not carry on such railroads by 
State authority, nor possess any interest in 
such railroads, other than the lien or liens 
already in the hands of the State against 
such defaulting railroad companies . 

Sec. 2. The Legislature is hereby pro- 



19 



hibited from authorizing" tlie issue of any 
State bonds to any railroad companies , or to 
any incorporated company in this State, or 
to ' aid in the construction of any internal 
improvement in this State, or making- any 
appropriation out of the State treasury for 
internal improvements. 

Sec. 3. The Legislature shall pass laws 
for the improvement of State and county 
roads, by the levying* of a tax upon all taxa- 
ble property in each county, respectively, 
said tax to be worked out by"^improvin^^ such 
roads by the overseer and residents of each 
road district in the State . 

Sec. 4. All State and county roads hereaf- 
ter laid out and established shall not be less 
than sixty feet wide, and the Leo-isiature 
shall pass 'laws to cause all State and county 
roads, heretofore established, to be opened 
and worked, not less than sixty feet wide; 
and all laws passed for establishing, open- 
ing and repairing highways , shall be general 
and uniform throughout the State. 

On motion of Mr. Owens, Mr. Clover was 
added to the Committee on Emancipation. 

On motion of Mr. Folmsbee, ^It. Ellis 
Tvas added to the same committee. 

Mr. Strong moved to reconsider the mo- 
tion by w^hich the Emancipation Committee 
w^as appointed, and moved to lay that motion 
on the table, wdiich latter motion was 
agreed to . 

Mr . BuDD otFered the following resolution , 
which was adopted : 

Resolved^ That the following civil and mil- 
itary officers be , and they are hereby specially 
invited, when in the city, to take seats with- 
in the bar of the Convention, to- wit: The 
Governor of the State, the Lieutenant Gov- 
ernor of the State, the Mayor of the city of 
St. Louis, the Commandin^g General of the 
Department of the Missouri, the Commander 
of the District of St. Louis, and such mem- 
bers of the Senate and House of Representa- 
tives as may, from time to time, be tempo- 
rarily sojourning in the city of St. Louis. 

On motion, the Convention adjourned till 
3 o'clock p. M. 



AFTEPvKOON SESSION. 

Convention met pursuant to adjournment, 
the President in the Chair. 

A quorum being present, the Convention 
proceeded to business. 

The following Special Committee on Elec- 
tive Franchise was announced : 

Messrs. Bonliam, Folmsbee, Clover, Fos- 
ter, Evans, Adams, and Drake. 

Mr. Strong, Chairman of the Committee 



on Credentials, reported that Mr. Gustavus 
St. Gem, of the Twenty-third District, had 
filed his credentials, and that they were cor- 
rect. 

On motion, iVIr. St. Gem was enrolled as 
a member, and came forw^ard and took the 
oath . 

Mr. Meyer offered the foUowhig preamble 
and resolution, relative to the taxation of 
aliens or rebels, which w^as read the first 
time for information. 

On motion, the rules governing the Con- 
vention were suspended, and it w^as read a 
second time by its title, and referred to the 
Committee on Franchise : 

Whereas, Since the commencement of 
this rebellion, many persons claiming to be 
citizens, and exercising the elective franchise 
in times of peace and happiness, having since 
acted i-ecreant to so high a trust and pri"sd- 
lege, and having taken an active pari in 
treason and rebellion, aiding in the attempt 
to overthrow the best Government ever be- 
queathed to man; and, when overtaken in 
their wicked designs, claim protection of 
some foreign Government w^hich they had 
previously "scorned to owe allegiance to ; and 
contrasting those alien enemies with the 
good, true, liberty-loving foreigners, v/ho, 
by thousands and tens of thousands, since 
the commencement of this rebellion, have 
rushed to the front, with musket in hand. 
to ofter up their lives for the preservation of 
the Republic; or, unable to leave their fami- 
lies, have sent representative recruits, and 
have freely sacrificed their means, as well as 
standing in the foremost ranks against the 
abomination of slavery, and for the natural 
and inalienable rights of man; therefore be it 

Resolved, That it is expedient and neces- 
sary for this Convention to so amend the 
Constitution of this State as to lay double 
taxes and licenses on all aliens, after a resi- 
dence of six years; they having refused or 
neglected to become citizens, shall not be 
eligible to be employed by any person or 
persons having a public franchise under the 
laws of this State; all persons that have 
aided the rebellion by word, deed, or act, 
thereby really expatriating themselves ; and . 
not having been convicted of tTeason. but 
refusing or neglecting to be legally endowed 
with citizenship, anct performing the duties 
required as such, ought to be "treated as a 
]3ublic enemy, and should be debarred from 
holding any position of trust or profit, with 
any persoii^ or persons doing business under 
a license, or holding a franchise under the 
laws of this State, 

Mr. BuDD offered the folk)wing ordinance, 
providing for tlie education of the children 
of the commouAvealth, which was read the 
fi:rst time : 



20 



AN ORDIXANCB PROVIDING- FOR THE EDUCA- 
TION OF THE CHILDREN OF THE COMMON- 
WEALTH. 

It shall be the duty of the Legislature, at 
its first session after the adoption of this 
Constitution, to enact a law providing for 
the education of every child residing in the 
State, when such child shall have arrived at 
the age of eight years; and they shall he 
educated untilthey arrive at thirteen years 
of age at the expense of the State , free of all 
charge to parents or guardians, or those 
haAdng legal charge of them ; and to provide 
revenue to accomplish this object, the Leg- 
islature shall have power by law, and it shall 
be its duty, to levy and collect, trom every 
male resident of the State over twenty -one 
years of age Rpe?^ capita tax, and, if necessaiy, 
lo obtain the end in \iew, power is also given 
to le^y and collect a tax on real and personal 
property: Provided, No power shall be given 
w the Legislature until five j^ears after the 
adoption ot this Constitution to levy and 
collect a per capita tax on any person who 
has hitherto been a slave, but who on the 
adoption of this Constitution is made a free 
man thereby, or who has been freed by the 
war power 'of the President of the United 
States, or by any act of Congress. Power 
is also o-iveii to the Legislature, and it shall 
be its duty, to enact a law compelling, un- 
der adequate penalties, parents, guardians 
or others having the legal charge of duldreu, 
to educate them in the State schools or pri- 
vate schools, from the age of eight to thir- 
teen j-ears, as aforesaid: Provided, They are 
not incapacitated from attending school by 
reason of physical or mental inability. 

Jlr. Hughes moved to amend the ordi- 
nance offered by Mr. Budd, by inserting 
' 'eighteen, ' ' instead of ' 'thirteen, ' ' which 
was decided to be out of order by the Presi- 
dent. 

Mr. Holland introduced the following 
ordinance, declaring the qualifications of 
voters, which was read the first time, and 
laid over, under the rules, until to-morrow: 

AN ORDINANCE DECLARING THE QUALIFICA- 
TIONS OF VOTERS. 

Section 1. Every free white male citizen 

of the United States, who shall have attained 
to the age of twenty-one years, and who 
shall have resided in this State one year, the 
last three months whereot shall have been 
in the county or district in which he shall 
oifer to vote, shall be deemed a quahfied 
elector of all electors in this State : Provided, 
That no person who has taken up arms or 
levied war against the Government of the 
United States, or has directly or indirectly, 
by acts, words or otherwise, adhered to the 
enemies thereof, by giving them aid, com- 
lort, or countenance, or who nas enrolled 
himself as a Southern sympathizer, shall 
ever be allowed to vote at any election in 



this State ; unless , prior to this date , and 
since ha\ing given aid, comfort, or counte- 
nance to the enemies of the United States, 
he shall have served not less than one year 
in the army or navy of the United States , or 
in the volunteer service of this State, known 
as the Missouri State ?ylilitia, and shall have 
obtained an honorable discharge therefrom, 
or shall be still in said service . 

Sec. 2. At the general election, in the 
yearot our Lord 1876, the question shall be 
submitted to the people : ' ' Shall negroes and 
mulattoes be elio'ible to exercise the elective 
franchise ? " and if a majoritj^ of the qualified 
voters of the State shall vote in favor of the 
proposition, then negroes and mulattoes 
shall thereafter be deemed qualified electors, 
as provided in the case of white men in the 
precechng section . 

Sec 37 It shall be the duty of the General 
Assembly to require such oaths and provide 
such penalties as will effbctually prevent per- 
sons from voting who are declared ineligible 
in the fii'st section of this article . 

Mr. Gilbert of Platte moved that Mr. 
Switzler be added to the Committee on 
Emancipation. 

Mr. FoLMSBEE raised a point of order. 

The President decided the motion in 
order. 

The question then being demanded, the 
motion was lost. 

Mr. Fletcher offered the following reso- 
lution in relation to suffrage, which was 
read, and, on motion, referred to the Com- 
mittee on Franchise : 

Resolved, That from and after the 1st day 
of April, 1865, no man in the State of Mis- 
souri shall be entitled to vote unless he has 
paid his taxes for the preceding year. Any 
neglect of the assessor to assess the voter 
shall not debar him of his vote, provided he 
proves the assessor has neglected to place 
him on the book. 

Mr. BoNHAM offered the following ordi- 
nance in relation to suffrage, which was 
read the first time, and, on motion, the rules 
governing the Convention were suspended, 
and the ordinance was read the second time , 
and referred to the Committee on Elective 
Franchise : 

ARTICLE — . 

On Suffrage. 

Section 1. Every male person of the age 
of twenty -one years or upward, who is a 
citizen of the United States, and has resided 
in this State one year next preceding any 
election, and thirty days in the county 
wherein he oners to vote , shall be ueemed a 
qualified voter at such election, and shaU be 
eligible to any office in this State. 



21 



Sec. 2. Every male person of foreign 
birth, of the age of twenty-one years or 
upward, who has resided in this State one 
year next preceding- any election, {ind thirty 
days in the conntyVherein he otfers to vote, 
and who has declared his intention to become 
a citizen of the United States, conformably 
to the laws of the United States, on the sub- 
ject of naturalization, shall be deemed a 
qualified voter at such election, and be eligi- 
ble to any office in this State, (Governor, 
Lieutenant Governor, Judges of the Su]H-eme 
Court and Circuit Court excepted) , until such 
persons become citizens of the United States. 

Sec. 3. Citizens of the United States, 
who have resided in this State thirty days 
next preceding any Presidential election, 
shall have the right to vote for President and 
Vice President of the United States. 

Sec. 4. No person shall be allowed to 
vote or hold office in this State, who has, 
since the fourth day of March, A. D. eigh- 
teen hundred and sixty-one, levied war or 
taken up arms against the Government of 
the United States, or against the Provisional 
Government of this State, or aided and 
abetted the enemy thereof, by famishing 
subsistence of any kind or description, or 
by furnishing munitions of war of any kind 
or description, to persons belonging to, or 
being with, the Confederate army, or to 
guerrillas or bushwhackers. 

Sec. 5. Xo person shall be allowed to 
vote or hold office in this State, who has, 
since the fourth day of March, A. D. eigh- 
teen hiuidred and sixty-one, refused to aid 
the Government of the'United States, or the 
Government of the State of Missouri, in 
suppressing the present rebellion at any time, 
thereby acknowledging themselves ' ' in 
sympathy with rebellion. ' ' 

Sec. 6. jI^o person shall be allowed to vote 
or hold office in this State, who has, since 
the fourth day of March, A. D. eighteen 
hundred and sixty-one, been adjudged by 
the authorities to leave the State of Missouri, 
or who has been adjudged to take an oath 
and enter into bonds, on the ground of such 
person or persons aiding or abetting the 
present rebellion, by speaking, writing, or 
publishing treasonable language against the 
Government of the United State's, or the 
Government of this State . 

Sec. 7. All persons heretofore drafted in 
the State of Missouri, into the service of the 
United States, who are absent from the State 
(except absent on military duty) , and who 
shall not return and report themselves to the 
Provost Marshal of the district wherein he 
or they were drafted, before the first day of 
February, A. D. eighteen hundred and 
sixty -five, shall be precluded from the right 
to vote or hold otfice in this State, and all 
persons hereafter (h-afted in this State, who 
neg](;ct or refuse to n^poi't, to the order of 
the Provost Marshal of the district w luM-ein 
he or they may have been drafted, sliall be 
preclud(Hi froin the right to vote or hold 
oftice in this State. 



Sec. 8. At the expiration of one year 
after the present rebellion is declared by the 
Government of the United States to have 
ended, the Legislature shall have the power 
to pass laws extending the right of suffrage 
and holdino- office to the classes of i)ersons 
mentioned in the next three preceding sec- 
tions, upon such conditions, and under such 
restrictions, as they may deem proper fo!- 
the public welfare . 

Sec. 9. All persons who shall hereafter 
levy war, or take up arms against the Gov- 
ernment of the United States, or against the 
Government of this State ; or Vv^ho shall aid 
and abet the enemy tliereof, by furnishing 
subsistence of any kind or description what- 
ever, or munitions of war of any kind, or 
by secreting the enemy, givino- them aid and 
comfort; or by speaking, WTiting, or pub- 
lishing treasonable language against either 
Government aforesaid; or who'shall refuse 
to aid either Government during any inva- 
sion, insurrection or rebellion, or wdio shall 
commit any treasonable act not herein enu- 
merated, shall be precluded from voting or 
holding office in this State. 

Sec. 10. ISTo person being a defaulter to 
the United States, or to this State, or to any 
county, township, or school district herein , 
or to any State or Territory within the United 
States, shall be eligible to any office of trust, 
profit or honor in this State. "^ 

Sec. 11. Laws may be passed excluding 
from the right of suftrage persons conwcted 
of felony, larceny, forgery, bribery or other 
infamous crime, unless restored to civil 
i-ights . 

Sec. 12. All laws passed for the election 
of State, district and countj^ officers, shall 
be general and uniform throughout the State , 
and all votes given for such officers shall be 
by ballot, not numbered. All other officers 
maybe chosen as the Legislature may du-ect. 

Mr. GiLSTRAP ofifered the following ordi- 
nance relative to the abolition of slavery in 
this State, which was read the first time, 
and, on motion, the rules governing the 
Convention were suspended, and the ordi- 
nance was read the second time, and refer^ 
red to the Committee on Emancipation : 

Be it ordained hy the People of the State of Mis- 
souri^ in Convention assembled : 
That the following be and is hereby adopted 

as a separate article in the Constitution of 

said State : 

ARTICLE — . 

Section 1. That from and after the adop- 
tion of this article, slavery or invohmtary 
servitude, exce])t for crime', whereof the ac- 
cused shall be duly convicted, is liereby/o;-- 
cver prohibited within this State. And all 
persons held to slavery, or involuntary ser- 
vitude, except as aforesaid, within the State, 
are hereby declared free. 

On motion of 3Ir. Bush, Mr. D'Oeneh 
was added to the Committee on Bank^s. 



99 



On motion of Mi-. Williams of C'aldvv-ell, 
Mr. Bucld "wa? added to the Committee on 
Education. 

On motion of Mr. Fletchep., Mr. Meyer 
was added to the Committee on Banks. 

Mr. BuDD offered the foUo^^ving resolution, 
which was read : 

Resolved. That the Sergeant-at-arms be. 
and is hereby, required to prociu'e and fur- 
nish to each member and officer, one hiuidred 
three-cent stamps, and three hundi-ed two- 
cent stamps, to be paid out of the contingent 
fund of the ConTentlon. 

Ml". Fllley moved to lay the resolution 
on the table, and demanded the ayes and 
noes, which being taken, the vote stood as 
follows : 

Ayes — ^^lessrs. Bush. Childress. Dodson. 
D"Oench. Esther, Filler. Fletcher. Fulker- 
son. Holcomb. Husmann, King. Mack. 
Meyer. Morton, Xewgent, Peck. Rankin, 
St.* Gem, Su-ong, Sutton, Tliilenius. Wil- 
liams of Caldwell, and Williams of Scotland 
—23. 

ZSOES — Messrs. Bedford, Bonham. Budd, 
Bunce, CloTer. Cowden. Davis of Xodawav. 
Ellis. Evans. Folmsbee, Gamble, Gilbert 'of 
Lawi'ence. Gilbert of Platte, Grammer. 
Harris, Henderson. Holdsvrorth, Holland, 
Hughes, Hmne, Leonard, 3IcKernan. Mc- 
Pherson. Martin, 3Iitchell. Xixdorf. Kohrer, 
Smitli of Mercer. Swearingen. S^virzler, 
Weatherby, and Mr. President— 32 . 

Absent— Messrs . Adams, Davis of Xew 
Madrid. Drake, Gilstrap, Green, Linton. 
Owens ,' and Smitli of Worth— 8 . 

So the motion to lay on the table was lost. 

On motion, the resolution was then 
adopted. 

Mr. Gp.eex offered the following resolu- 
tion: 

Ee^solved, That in the opinion of tliis Con- 
vention we would subserve the vrishes of 
oiu- constituents and promote the general 
good of the commonwealth by reorganizing j 
om- judicial system so as to meet the wants 
and interests of the progressive spirit of oiu- i 
people, and in such reorganization for the | 
purpose of accomplishing these ends, and | 
putrlnof a new system in operation over the j 
State, it is further om^ opinion, that it woidd ; 
be best to declare vacant all judicial offices, j 
ti-om the Supreme bench dov>Ti. and that all , 
vacancies for the first term be filled by the , 
Governor. ' ' 

^It. Budd moved to suspend the rules 
governing the Convention, let the resolution 
be read the second time, and be referred to 
the Committee on the Judiciary. 

Mr. Fletcher moved to lay the resolution 
on the table . 



I^Jj.-. Greex demanded the ayes and noes, 
and the vote being taken, stood as follows: 

Ayes— Messrs. E-ther. Fletcher, Gilbert 
of Platte. Harris, Morton. Owens, Eankin. 
and Svdtzler — 8 . 

XoES — Messrs. Bedford, Bonham, Budd. 
Bunce. Bush, Childress, Clover, Cowden, 
Davis of Xodaway, Dodson. D'Oench. Elhs, 
Evans. Fllley. Folmsbee. Fulkerson. Gam- 
ble. Gilbert of Lawrence. Gilstrap. Gram- 
mer. Green. Henderson. Holcomb. Holds- 
worth. Holland. Huohes. Hume, Husmann, 
Iving. Leonard, McKernan. McPherson. 
Mack, Martin. Meyer, 3Iitchell, Xewgent. 
Xixdorf. Peck. Rohrer. St. Gem. Simth 
of Mercer, Smith of Worth. Strong, Sutton, 
Swearingen. Thilenius, Weatherby. Wil- 
liams of Caldwell. WilUams of Scotland, and 
:Sh\ President— 51 . 

Absext — ^^lessrs. Adams, Davis of Xew 
Madrid. Drake, and Linton — 4. 

So the motion to lay on the table was dis- 
agreed to . 

Mr. St^titzlee offered the following amend- 
ment to 3Ii'. Green's resolution: 

Strike out the words ' 'for the first teiTQ. " ' 

Mr. Williams of Caldwell moved to lay 
the amendment offered by jIi*. Switzler on 
the table. 

By request of the Peesidext, ^It. Wil- 
liams temporarily "withdrew his motion . 

On motion of 3Ii-. GpvEex, Mr. Svdtzler 
was allowed to speak the second time on the 
subject of his amendment. 

After which, the question then being on 
the adoption of the amendment offered by 
Mr. Switzler, !Mr. Willlois of Caldwell 
demanded the ayes and noes, and the vote 
being taken, stood as follows, : 

Ayes — Messrs. Fletcher. Grammer. Leon- 
ard. Linton . Owens , and S\^itzler — 6 . 

XoES — ^INIessrs. Boiiliam. Budd. Bimce. 
Bush. Childress. Clover. Cowden. Da%is of 
Xodaway. Dodson. D'Oench. Elhs. Esther. 
Evans. Filley. Folmsbee. Fulkerson, Gam- 
ble. Gilbert of La^-i^ence. Gilbert of Platte, 
Gilstrap. Green. Hards. Henderson. Hol- 
comb, Holdsworth, Holland, Hughes, Hume. 
Husmann. Eang. McKernan. McPherson, 
Mack. Marriu. Mitchell. Morton, Xewgent, 
Xisdorf. Peck, Rankin, Rohrer. St. C4em, 
Smith of Mercer. Smith of AYorth. Strong, 
Sutton. Sv>-earingen. Thilenius. WeMherby^ 
Williams of Caldwell. Williams of Scot- 
land. and3Ir. President — 52. 

Absext — ^INIessrs. Adams. Bedford. Da^is 
of Xev\- 3Iadrid, Drake, and Meyer — 5. 

So the amendment was disagreed to. 

]Mi". Stroxg offered the following amend- 
ment to Ml-. Green's resolution, which was 
accepted by Mr. Green: 



23 



strike out tlie words ' 'after the first term, ' ' 
.•lud insert tlie words ' 'uiitil the tirst regular 
election for State officers . ' ' 

Mr. Owens oifered the following- as an 
amendoieut: 

• "And reduce the number of Judicial Cir- 
cuits to fourteen . ' ' 



Mr. Martin moved to also amend by in- 
serting all county court justices, all clerks of 
courts of record, all sherifts, and all asses- 
sors of the several counties . 

On motion, the Convention adjourned until 
to-morrow morning at 10 o'clock. 



FIFTH D^Y. 



WEDNESDAY, January 11th, 1865. 



The Convention met pursuant to adjourn- 
ment, the President in the Chair. 
Prayer was offered by Eev. Mr. Cox* 
On calling the roll of members, the follow- 
ing gentlemen responded to their names , viz : 

Messrs. Adams, Bedford, Boniiam, Budd, 
Bunce, Childress, Cowden, Davis of New 
Madrid, Davis of Nodaway. Dodson, 
D'Oench, Drake, Ellis, Esther, Evans, Fil- 
ley, Fletcher, Folmsbee, Foster, Fulkerson, 
Gamble, Gilbert of Lawrence, Gilbert of 
Platte, Gilstrap, Grammer, Green, Harris, 
Henderson, Holcomb, Holds worth, Holland, 
Hughes, Hume, Husmann, King, Leonard, 
Linton, McKernan, McPherson,"Mack, Mar- 
tin, Mever, Mitchell, Morton, Newgent, Nix- 
dorf, Owens, Peck. Eankin, Kohrer, St. 
Gem, Smith' of Mercer, Strong, Sutton, 
Swearingen, Switzler, Thilenius, Weath- 
erb}', IVilliams of Caldwell, Williams of 
Scotland, and Mr. President — 61. 

Absent— Messrs. Bush, Clover, and Smith 
of Worth— 3. 

The journal of vesterday's proceedings 
was read by the Secretary, and approved. 

On motion of Mr. Filley, Mr. St. Gem 
was added to the Committee on Judicial De- 
partment . 

Mr. Strong, Chairman of the Committee 
on Credentials, stated that Mr. Emory S. Fos- 
ter, of tlie Fifteenth Senatorial District, had 
presented his credentials, and that they were 
correct . 

Mr. Foster was duly enrolled as a mem- 
1)er, and came forward and took the oath. 

Mr. EuDD presented an ordinance relative 
to changing the permanent seat of govern- 
ment, wiiicb wjis read the first time for infor- 
2 nation. 

On motion, the rules were suspended and it 
was read the second time by its title, and 



referred to the Committee 
Government. 



on the Seat of 



Mr. Budd offered the following ordinance 
providing additional qualifications for voters, 
preventing frauds at elections , and for other 
purposes . Eead the first time and laid over : 

AN ORDINANCE PROVIDING- ADDITIONAL QUALI- 
FICATIONS FOR VOTERS, PREVENTma FRAUDS 
AT ELECTIONS, AND FOR OTHER PURPOSES. 

Be it ordained by the People of the State of Mis- 
souri^ in Convention assembled^ as follows^ 
to-wit : 

Section 1. A registry of electors is 
hereby created and established in each coun- 
ty in the State, in which shall be kept a record 
of all persons qualified to vote under this 
ordinance . 

Sec. 2. The Pegister of Electors, in his 
county, shall have power, and it shall be his 
duty, to examine under oath all persons v.dio 
make application to have their names regis- 
tered [as electors] , in relation to their qual- 
ifications as voters, which, if he find to be in 
accordance with the requirements of the 
constitution, ordinances and laws of the 
State, he shall issue his certificate of regis- 
tration, duly signed and sealed, which, when 
exhibited to the judges of any election, shall 
be frima facie evidence of the right of the 
]3erson in whose name it is issued to vote 
during that year. 

Sec. 3. Each Register shall use a seal, 
bearing upon it the legend of his otiice . 

Sec. 4. No person shall vote at any elec- 
tion to be hereafter held in this State, or in 
pursuance of the Constitution and laws there- 
of, whether State, county, township, or 
municipal, unless he exhibit to the judges 
thereof his certificate of registration for the 
current year; and the judges of elections 
shall cause the number oi* each voter's certifi- 
cate to be entered upon the poll-book, oppo- 
site his name. 

Sec. 5. The Governor of the State, shall, 
on or before the 4th ilay of ]March. 186,"i, and 
every six years thereafter. a])]ioiu.r said 
Registers oi' Electors, who shall hold their 
offices for six years, and until then- succes- 
sors are duly appointed and qualiiied. 



24 



Sec. 6. The oatti required in an ordinance 
entitled ' 'An ordinance definino- the quahti- 
cations of voters and civil officers in this 
State," adopted in Convention, Jane 10, 
A. D. 1862, to be taken by electors pre\i- 
ously to voting-, shall be administered by, 
and subscribed to, before said Registers; and 
in addition thereto the following- oath shall 
be taken by, and subscribed to, by all natu- 
ralized citizens , before said Registers , to-wit : 

I, , do solemnly swear ( or affirm, as 

the case may be,) that I have not, during 
my residence within the United States, or 
any of the Territories thereof, in any man- 
ner claimed the protection of any foreign 
prince, potentate. State or sovereignty, 
and particularly the [ here insert the name of 
the prince, potentate. State or sovereignty 
whereof the applicant was a subject.] So 
help me God. 

Sec. 7. The certificates of registration to 
be issued as above provided for, shall be in 
numerical order, and in the following form, 
to-wit: 

County of , ) 



State of Missouri, j 

[Date.] 

Certificate of Regist7^ation No. — . 

This is to certify that [name] aged 

E years ] a native of [ country ] residing in 
ward or township ] has registered his name 
pm'suant to ordinance. 



, Register of Electors. 

Sec. 8. Each county court, at its county 
seat, shall provide a suitable room in w^hicli 
said Register shall perform his duties, and 
he shall be supplied by said court with the 
necessary furniture and stationery. 

Sec. 9. Each Register, before entering 
upon the performance of his duties, shall 
file with the clerk of his county court, an 
oath that he will support the constitution of 
the United States, of the State of Mssouri, 
and that he will faithfully and impartially 
perform the duties of his office. 

Sec. 10. He shall keep, in a w^ell bound 
book, a copy of each certificate issued by 
him, showing, in alphabetical order, the 
names and number of electors registered 
from each w^ard or township . 

Sec . 11 . Each Register shall demand and 
receive two dollars from each person to 
whom he issues a certificate of registration, 
which he shall pay over to the Treasurer of 
his county at the end of each and every 
month, reserving, however, therefrom, sixty 
cents for each certificate issued by him, 
which shall be full compensation for his ser- 
vices under this ordinance. He shall also 
obtain duplicate receipts from said Treasurer 
for the amounts paid him. Each Register 
shall exhibit, quarterly, to the county court 
•of his county, his books, showing the 
amount collected from each towaiship by 
him, and presenting' the Treasurer's receipt 
for the amount paid over. 



Sec. 12. Each Register, before entering 
upon his duties, shall give bond, to be filed 
with and approved by the county court of 
his county, in the penal sum of two thousand 
dollars, with good and sufficient securities 
conditioned for the faithful performance ot 
his duty; except the Register of St, Louis 
county, wiiose bond shall be five thousand 
dollars . Each Register shall be in his offiex^ 
from 9 o'clock a. m. to 4 o'clock p. m., 
every workino- day in the year, and he may 
empioj' deputies. 

Sec."^ 13. If the Register at any time fail 
to comply with the ]3ro visions of this ordi- 
nance, the county court of his count}'' shall 
notify the Governor of the nature of his 
delinquency, wiiereupon the Governor may 
remove said Register and appoint another for 
the remainder of the term, and said countv' 
court may enter suit in any court of com- 
petent jurisdiction, against said delinquent 
Register and his securities, and recover 
damages to the amount of his bond. 

Sec. 14. The county court of each county 
shall appropriate all money paid into the 
treasury, under this ordinance, to the 
township school fund, to be turned over to 
the officers thereof upon proper requisition. 

Sec. 15. Soldiers, wifile in active service, 
shall not be subject to the operations of this 
ordinance . 

Sec. 1G. Any person w^ho shall make any 
false representations to any Register of Elect- 
ors, for the purx)ose of obtaining a certificate^ 
of registration, upon conviction thereof by 
any court of competent jurisdiction, shall be 
adjudged guilty of perjury, and shall b{» 
punished therefor in accordance with exist- 
ing laws . 

On motion of Mr. Strong, Mr. Bonham 
was added to the Committee on Education. 

The ordinance off"ered by Mr. Holland, 
' 'declaring the qualification of voters, ' ' was 
called up, read a second time, and referred 
to the Committee on Elective Franchise . 

The resolution of Mr. Green, with its 
amendment, was called up, and on motion 
of Mr. Drake, the same was referred to the 
Committee on the Judicial Department, by 
the following vote , the ayes and noes having 
been demanded : 

Ayes — ^^lessrs. Adams, Bedford, Bon- 
ham, Budd, Bunce, Childi-ess. Clover. 
Davis of ISTew^ Madrid, Davis of Xodaw^ay. 
Dodson, D'Oench, Drake. Ellis, Esther, 
Evans, Filley, Fletcher, Folmsbee, Foster, 
Fulkerson. Gamble, Gilbert of LawTeuce. 
Gilbert ot Platte, Grammer, Green, Harris, 
Henderson, Holcomb, Holds worth, Hol- 
land, Hughes. Hume, Husmann, King, 
Leonard, Linton, McKernan, McPherson, 
Mack, Martin, Meyer, Mitchell, Morton, 
Newgent, Nixdorf, Owens, Peck, Rankin, 
Rohrer, St. Gem, Smith of Mercer. Smith 
of Worth, Strong, Sutton, Sw^earingen, 



25 



S^\itzler, Tliilenius, AVeatherby, Williams 
of Caldvvell, WilliaDis of Scotland, and Mr. 
President — Gl . 

Noes — None, 

Absent — Messrs. Bush, Cowden, and Gil- 
strap — 3. 

Mr. D'Oexch oifered the following reso- 
lution : 

ResolvecU That a Committee on Agricul- 
ture be appointed by the Chair. 

On motion of Mr. Budd, the resolution 
was laid on the table . 

My. Smith of Mercer offered the iollow- 
ing resolution , which was adopted : 

Resolved, That a committee of five be ap- 
pointed by the Chair, whose duty it shall be 
to ascertain whether there is any member, 
or members, elected to this Convention, 
who have, in any way, identified themselves 
in favor of the rebellion, and report as soon 
as possible. 

]Mr. Bedford offered the following- resolu- 
tion, which was adopted: 

Resolved, That the Committee on Finance 
be requested to inquu-e into the expediency of 
taxing all property belonging to railroad 
companies and churches, not now subject to 
taxation. Also, the expediency of prohibit- 
ing the Legislature from exempting from 
taxation any i^roperty whatever, until the 
final liquidation of the iDresent indebtedness 
of the State, and report the same to this 
Convention . 

Mr. Strong, Chairman of the Committee 
on Emancipation, reported the following 
ordinance, and recommended its adoption: 

AN ORDINANCE ABOLISHING- SLAVERY IN MIS- 
SOURI. 

Be it ordained hy People of the State of Mis- 
souri^ in Convention assembled: 
That hereafter, in this State, there shall be 
neither slavery nor involuntary servitude, 
except in punishment of crime, w^hereof the 
party shall have been duly con\icted; and 
all persons lield to service or labor as slaves 
are hereby declared free. 

Mr. Strong moved to suspend the rules 
governing the Convention , so that the ordi- 
nance may be read the first, second and 
third time. 

The motion was agreed to, and the ordi- 
nance read the first and second time. 

Mr. Drake offered the following amend- 
ment to the ordinance: 

Sec. 2. Tliat no person can, on account 
of color, be disqualified as a witness, or be 
disabled to contract, or be prevented from 
acquiring, holding, or transmitting prop- 
erty; or be liable to any other puinshment, 
for any offense, than that imposed on others 



for a like offense; or be restricted in the ex- 
ercise of religious worship, or be hindered 
in receiving education; or be subjected, in 
law, to any other restraints or disqualifica- 
tions, in regard to any personal lights, than 
as are laid upon others under like circum- 
stances. 

Sec. 3. That no person made free by this 
ordinance shall be iipprenticed by any county 
court, or other authority, to any person, 
except in pursuance of law hereafter passed, 
made specially ai)plicable to that class of 
persons. 

Mr. Fillet moved the adoption of the 
amendment offered by Mr. Drake. 

Mr. Gtlstrap moved to strike out of the 
first section of the amendment the words 
' 'be disqualified as a witness. ' ' 

Mr. Switzler moved to amend the amend- 
ment by adding, as an additional section, the 
following: 

Sec. 4. And it shall be the duty of the 
Legislature to provide, by law, for appren- 
ticing all slaves emancipated by this ordi- 
nance, between the ages of Welve and 
twentj— one years. 

Mr. Clover moved to reject the amend- 
ment of Mr. Switzler. 

On which motion Mr. Switzler demanded 
the ayes and noes, and the vote, being taken, 
stood as follows : 

Ayes — Messrs. Adams, Bonham, Budd, 
Bunce, Chikh-ess, Clover, Cowden, Davis of 
Nodaway, Dodson, D'Oench, Drake, Ellis, 
Esther, Evans, Filley, Fletcher, Foimsbee, 
Foster, Fulkerson, Gamble, Gilbert of Law- 
rence, Gilstrap. Graminer, Green, Hen- 
derson, Holcomb, Holdsworth, Holland, 
Hughes, Hume, Ilusmann, Kiii^, Leonard, 
Linton, McKernan, McPherson, Mack, Mar- 
tin, Meyer, Mitchell, Newgent, Nixdorf, 
Owens, Peck, Rankin, Pohrer, St. Gem, 
Smith of Mercer, Smith of Worth, Strong, 
Sutton, Swearingen, Tliilenius, W^eatherbv, 
Williams of Caldwell, WiUiams of Scotiaud, 
and Mr. President— 57. 

Noes — Messrs. Bedford, Davis of New 
Madrid, Gilbert of Platte, Hai'ris, Morton, 
and Switzler— 6. 

Absent — Mr. Bush 

So the amendment was rejected. 

Mr. FiLLEY moved the rejection of Mr. 
Gil strap ' s amendment . 

Upon which, Mr. Gilstrap demanded the 
ayes and noes, and the vote being taken, 
stood as follows : 

Ayes — INEessrs. Adams, Bonham. Budd. 
Bunce, Childress. Clover. Cowden. Davis of 
Nodaway, D\)ench, Drake, Ellis, E^tlier, 
Evans, Filley, Fletcher. Foimsbee, Foster, 
Fulkerson. Gamble, Gilbert of Tiawrence, 
Henderson, Holcombe, Holdsworth. Hol- 
land, Hughes, Hume, Husmann, King, 



26 



Leonard. Linton, McKernan. MeFherson, 
Mack. Meyer, Mxdorf, Owens. Peek. 
Eohrer, St. Gem, Smith of Mercer, Smith 
of Worth, Strong, Satton. Thilenius. 
Weatherbv, Williaiiis of Caldwell. AViUiams 
of Scotland, and Mr. President — i8. 

XoES — Messrs. Bedford. Davis of Xew 
Madrid. Dodson. Gilbertof Platte, Gilsti-ap. 
Grammer, Green, Harris, Martin. Jlitcheil, 
Morton, Xewgeut, Kankin, Sweariugen, 
andS\^itzler — lo. 

Absent — Mr. Bush. 

So the amendment was rejected. 

Ml-. Clover moved to adjourn. 

Upon which motion ]lilr. Owens demanded 
the ayes and noes, which being taken, the 
motion was lost, by the following vote: 

Ayes — Messrs. Bedford, Clover. Davis of 
Xew Madrid. Fletcher. Gamble, Gilbert of 
Platte, Harris, Martin, Morton, and Sv^itz- 
ler— 10. 

Noes — Messrs. Adams, Bonham, Budd. 
Bunce, Childress, Cowden, Davis of Noda- 
way, Dodson, D'Oench, Drake, Ellis, 
Esther, Evans, Filley, Folmsbee,' Foster, 
Fnlkerson, Gilbert of Lawrence, Gil strap, 
Grammer, Green. Henderson, Holcomb, 
Holdsworth. Holland, Huo-hes, Hume, 
Husmann, King. Leonard, Linton, McKer- 
nan, McPherson, Mack. Meyer, Mitchell, 
Newgeut, Xixdorf, Owens, Peck, Eankin, 
Eohrer, St. Gem, Smith of Mercer, Smith 
of Worth, Strong, Sutton, Swearingen, 
Thilenius , Weatherby , Williams of Cald- 
well, ^v^illiams of Scotland, and Mr. Presi- 
dent — 53 . 

Absent — 3Ir. Bush. 

Mr. Owens moved to amend ]NL-. Drake's 
amendment by inserting, after the word 
•'^\dtness," in the second line of the first 
section of the amendment, the words •'or 
voter." 

Mr. Drake moved the rejection of Mr. 
Owens' amendment, and on that motion 
Mr. Drake called for the ayes and noes, 
w^hich being taken, the vote stood as fol- 
lows: 

Ayes — ^Messrs. Adams, Bedford, Bonham, 
Budd, Bunce, Childress, Clover. Cowden, 
Davis of New Madiid, Davis of Nodawav, 
Dodson, D'Oench, Drake, Ellis, Esther, 
Evans, Filley. Fletcher. Folmsbee, Foster, 
Fnlkerson, "Gamble, Gilbert of Lawrence, 
Gilbert of Platte. Gilstrap. Grammer, 
Green. Harris, Henderson t Holdsworth, 
Holland, Hughes, Hume. King, Leonard, 
Linton, McKernan, McPherson, Mack, 
Martin, Meyer, Mitchell, Morton, Xewgent. 
Mxdorf, Peck. Panldn, Eohrer. St. Gem, 
Smith of Mercer, Smith of Worth, Swear- 
ino-en, ST\itzler, Thilenius, Weatherbv, 
Williams of Caldwell, Williams of Scotland, 
and ]Mi-. President — 58. 



Noes — Messrs. Holcomb, Husmann, 
Ow^ens, and Sutton — i. 

Absent — Messrs. Bush, and Strong — 2. 

So Mr. Owens' amendment was rejected. 

Mr. Owens moved that Itlr. Drake's 
amendment be rejected, and the ayes and 
noes being demanded on this motion, the 
vote being taken, stood as folio v/s: 

Ayes— Messrs. Bedford, Budd, Childi-ess, 
Clover, Cowden. Davis of New Madrid, 
Dodson, Esther, Fletcher, Foster, Gamble, 
Gilbert of Lawrence, Gilbert of Platte, 
Grammer, Green, Harris, Holcomb, Hus- 
mann, Leonard, Linton, McKernan, Mc- 
Pherson, Mack, Martin. Meyer, Mitchell, 
Morton, Newgent. Nixdorf, Owens, Peck, 
Eankin, Eolirer, Smith of Worth, Strong, 
Sutton, Swearingen. and S^^itzler — 38. 

Noes — Messrs. Adams, Bonham, Bunce. 
Da\1s of Nodaway, D'Oench, Drake, Ellis S 
Evans. Filley, Folmsbee, Fnlkerson, Gil- 
strap, Henderson, Holdsworth, Holland. 
Hughes, Hume, King, St. Gem, Smith of 
Mercer, Thilenius, Weatherby, Williams of 
Caldwell, Williams of Scotland, and Mr. 
President — 25 . 

Absent — Mr. Bush. 

So the amendment of 3Ir. Drake was re- 
jected. 

Mr. Strong moved tliat the Emancipation 
Ordinance be read a third time, and put upon 
its passage . 

The motion was agreed to. 

Mr. Gilstrap moved a suspension of the 
rules requiring it to be read on three several 
days, w'hich was agreed to. 

Mr. Bonham demanded the pre\ious ques- 
tion, which was sustained by the Conven- 
tion. 

The question then being on the final adop- 
tion of the ordinance, Mr. Owens demanded 
the ayes and noes , and the vote being taken , 
stood as follows : 

Ay^es — Messrs. Adams, Bedford. Bon- 
ham, Budd, Bunce, Bush. Childress, 
Clover. Covrden, Davis of New Madrid, 
Davis of Nodawav, Dodson, D'Oench, 
Drake, Ellis, Esther, Evans, FiUey, 
Fletcher, Folmsbee. Foster, Fnlkerson Gam- 
ble. Gilbert of Lawrence. Gilstrap, Grammer, 
Green, Henderson. Holcomb, Holdsworth, 
Holland, Hughes, Hume, Husmann, King, 
Leonard. Linton. i^IcKernan, McPherson, 
Mack, Martin, Meyer. Mitchell, Newgent, 
Nixdorf, Owens, iPeck, Eankin, Eohrer, 
St. Gem, Smith of Mercer, Smith of Worth, 
Strong. Sutton. Swearingen. Thilenius, 
Weatherby, Wilhams of "CaldweU, WU- 
liams of Scotland, and Mr. President — 60. 

Noes— Messrs. Giibeit of Platte, Harris. 
Morton, and S^vitzler— 4. 

So the Ordinance of Emancipation was 
adopted. 



27 



Mr. Owens inovecl to reconsider the vote 
on the adoption of the Ordinance of Emanci- 
pation, and lay that motion on the table, 
which latter motion was agreed to . 

On motion of Mr. Owens, llev. Dr. 
Eliot came forward and offered up a prayer 
of thanks. 

Mr. GiLSTRAP offered the following reso- 
lution, whicli was adopted: 

Resolved, That the 44th rule, governing- 
the proceedings of the Convention, be sus- 
pended, in order that the Ordinance of 
Emancipation may be finally adopted. 

Mr. Drake offered the following resolu- 
tion, which was 'adopted: 

Resolved^ That the Ordinance of Emanci- 
pation be enrolled on parchment, and signed 
by the membei's of this Convention , and at- 
tested by the Secretary . 



Mr. BuDD oflered the following resolution, 
which was adopted : 

Resolved^ That a copy of the ordinance 
passed by this Convention, freeing all per- 
sons hitherto held in bondage in the State of 
Missouri, signed by the President of the 
Convention, and attested as a true copy from 
its records, by the Secretary, be, and the 
same shall be, placed in the hands of a 
special messenger, and transmitted without 
delay to the Grovernor of the State, at Jef- 
ferson City, and, wmen received by him, he 
is requested by this Convention to issue a 
proclamation to the people of this State, 
stating that, by the irrevocable action of the 
Convention, slavery is abolished in the State 
of Missouri, now and forever. 

Resolved, That a copy of this resolution be 
transmitted to the Governor. 

On motion, the Convention adjourned un- 
til to-morrow morninof at 10 o'clock. 



SIXTH I3^Y 



TIIUSSDAY, January 12th, 18G-= 



Convention met pursuant to adjournment, 
the President in the chair. 

Prayer by Eev. Mr. Kyle. 

Journal of j^esterday's proceedings was 
read by the Secretary and approved. 

The roll being called, the following gen- 
tlemen answered to their names : 

Messrs. Bedford, Bonliam, Budd, Bunce, 
Bush, Cowden, Davis of New Madrid, Davis 
of Nodaway, Dodson, D'Oencii, Drake, El- 
lis, Esther, Evans, Eilley, Folmsbee, Fos- 
ter, Fulkerson, Gamble, Gilbert of Law- 
rence, Gilbert of Platte, Grammer, Green, 
Harris, Henderson, Holcomb, Holdworth, 
Holland, Hughes, Hume, Husmann, King, 
Leonard, McKernan, McPherson, Mack, 
Martin, Mitchell, Morton, Newgent, Nix- 
dorf, Owens, Peck, Eankin, Ilohrer, St. 
Gem, Smith of Worth, Smith of Mercer, 
Strong, Sutton, Swearingen, Switzler, Thi- 
lenius, We;it]ierby, Wiliiams of Caldwell, 
Williams of Scotland, and Mr. President 
—57. 

Absent — Messrs. Adams, Childress, Clo- 
ver, Fletcher. Gilstrap, Linton, and Meyer 

Mr. Drake stated the cause of his absence 
from the Committee on Emancipation, at the 
time they met, to have been sickness, and he 
desired it so to be recorded on the journal, 
and it was so ordered. 



Mr. Drake offered the following resolu- 
tion, vfhich was adopted: 

Resolved^ That the President of the Con- 
vention be authorized to advise the President 
of the United States of the adoption of the 
Ordinance of Eniancirjation. 

Mr. Drake offered the following ordinance, 
which was read, viz: 

an ordinance to protect emancipated 
negroes from apprenticeship. 

Be it ordained hy the People of the State of Mis- 
souri, in Convention assembled: 
That no person emancipated by the ordi- 
nance abolishing slavery in Missouri, adopted 
on the 11th day of January, 1SG5, shall, by 
any county coui't or other authority-, be 
apprenticed, or bound to any person for any 
period of time, or for any service, except iii 
pursuance of such law as the General As- 
sembly of this State may hereafter enact, 
made specinlly applicable to the persons so 
emancipated . 

Upon motion of Mr. Drake, the rules 
governing the Convention were suspended, 
and the ordinance was read the second and 
third time, and put upon its final passage. 

The question then being upon the adop- 
tion of the ordinance, Mr. Drake demanded 
the ayes and noes, and the vote being taken, 
stood as follows : 



28 



Ayes — Messrs. Bedford. Boiiham. Budd. 
Bniice. Bush, Childress. Cowdeii, Da^is of 
New Madrid, Da-\is of Xodaway. Dodson, 
D'Oeiich. Drake, Ellis, Esther, Evaus, 
Filley. Folmsbee, Foster. Fiilkerson, Gam- 
ble, Gilbert of Lawrence. Grammer, Green, 
Henderson. Holcomb, Holdsworth, Holland, 
Hughes, Hume, Husmann, King. Leonard, 
Linton, McKernan, McPhersou, Mack, Mar- 
tin, Meyer, Mitchell, Xewgent, Xixdorf, 
Owens, 'Peck, Eankin, Eohrer, St. Gem, 
Smith of Mercer, Smith of T\^orth, Strong, 
Sutton, Swearingen, S\\itzler, Thilenius, 
Weatherbv, "Williams of Caldwell, Williams 
of Scotland, and Mr. President — 57. 

XoES — jNIessrs. Gilbert of Platte, Harris, 
and Morton — 3. 

Absent — Messrs. Adams, Clover, Fletcher, 
and Gilstrap — i. 

So the ordinance, as offered by Mr. Drake, 
was adopted. 

Mr. BoxHAM introduced the foUomng 
ordinance : 

AN ORDINANCE RELATIVE TO ABROGATING 
CERTAIN PARTS OF THE CONSTITUTION. 

Section 1 . It is hereby declared that any 
section in the Constitution containing the 
words ' ' white " or •"• slave ' ' are hereby 
abrogated. 

Which was read once and laid over under 
the rule . 

Mr. Meyer offered the follo^^ing resolu- 
tion: 

Resolved. That the Committee on Legisla- 
tive Power be mstructed to inquire into the 
expediency of inserting a clause into the 
Constitution disqualifying persons from be- 
ing eligible to either branch of the General 
Assembly, or holding any office of honor, 
trust, or profit, under the Government of 
the State of Missouri, who have been mem- 
bers of the ' ' Knights of the Golden Circle , ' ' 
' 'Knights of the Golden Order, ' • or of any 
other secret political association of conspha- 
tors, bound by secret oaths so odious and 
obnoxious to the best interests of society and 
government, and the rig-hts and iDri\ileges of 
citizens in a free republic. 

Ml'. St. Gem offered the following 
amendment to the resolution offered b}^ Mr. 
Meyer : 

Amend by inserting after the word ' ' con- 
sphators" the words -'hostile to the Gov- 
ernment of the United States . ' ' 

W^hich was accepted by Mr. Meyer. 

The resolution as amended was adopted, 
and. by order of the President, referred to 
the Committee on the Legislative Depart- 
ment. 

Mr. Green presented five petitions from 
the Loyal Leagues of iSi'orth Missouri, praj'- 



ing for a change in the judiciary system of 
Missouri; one of which was read for in- 
formation, and, by order of the President, 
they were referred to the Committee on Ju- 
diciary. 

Mr. Dodson offered two petitions similar 
to those offered by Mr. Green, which were 
referred to the same committee. 

Mr. Mitchell offered a petition similar to 
those offered by Messrs. Green and Dodson. 
wliich was referred to the same committee. 

Mr. Drake offered the follo^Aing resolu- 
tion, which was adopted: 

Resolved, That -when the Convention ad- 
journs this da^', it shall stand adjourned till 
Monday next,' at 10 o'clock a. m., in order 
that the committees may have an opportu- 
nitj' to prepare business for the action of th« 
Convention . 

IVIr. S:\nTH of Worth offered the follow- 
ing resolution : 

Resolved, That the Committee on Printing 
be instructed to procure copies of the Ordi- 
nance of Emancipation for the use of this 
body. 

Mr. Strong moved to amend the resolu- 
tion offered by Mr. Smith of Worth, by 
inserting the word ''certified" before the 
word "copies." 

On motion of Mr. St. Gem, Mr. Eohrer 
was added to the Committee on Education. 

Mr. Mack offered the following resolution: 

Resolved, That the Committee on Militia be 
instructed to report an amendment to the 
Constitution, requiring a permanent organ- 
ization of the militia, and securing to those 
subject to miUtia duty the constitutional right 
to elect their own officers, from the highest 
to the lowest. 

Which, on motion, was adopted, and 
ordered by the President to be referred to 
the Committee on Militia. 

The foUo^^ing committee, for the pui-pose 
of inquiring into the loyalty of members of 
this Convention, was announced : Messrs. 
Smith of Mercer, Weatherby, Folmsbee, 
Martin, and Leonard. 

Mr. Smith of Worth ^^ithdrew his former 
resolution, and offered the foUovdng as a 
substitute therefor : 

Resolved. That the Committee on Printing 
be intructed to procure and print five thou- 
sand copies of the Ordinance of Emancipa- 
tion, as engrossed on parchment and signed 
by the members of tlie Convention, duly 
certified by the President and Secretary, for 
the use of the members of this bodj^. 



29 



Mr. Stroxg offered the following amend- 
ment to jMr. Smith's resolution: 

''Insert three hundred in place of five 
thousand." 

On motion of Mr. Owens, the resolution 
offered by Mr. Smith of Worth, and the 
amendment thereto offered by Mr. Strong, 
were laid upon the table . 

Mr. Weatherby offered the following 
resolution : 

Resolved, That the Committee on the Judi- 
ciary be insti'ucted to inquire into the expe- 
diency of abolishing the county courts of 
the State, and committing the subjects now 
imder the jurisdiction of those courts to dif- 
ferent organizations . 

On motion of Mr. Bonhajvi, the resolution 

was referred to the Committee on Judiciary. 

Mr. BuDD offered the following resolution : 

Resolved, That the Committee on Printing 
be, and they are hereby, instructed to make 
inquiries in St. Louis whether suitable sheets 
of parchment can be i)rocured for the enroll- 
ing of the Emancipation Ordinance of Free- 
dom, and also for the enrollment of the 
Constitution when it becomes the supreme 
law of Missouri; and, if it cannot be pro- 
cured here, to take measures to procure it 
from the Eastern cities . 

Upon suggestion from the President that 
the matter contained in Mr. Budd's resolu- 
tion had been attended to, Mr. Budd with- 
drew it. 

Mr. Bush offered the following resolution: 



Resolved, 1. That the President shall ap- 
point a Ile\ising and Enrolling Committee, 
to consist of five members, whose duty it 
shall be to examine every amendment after 
it is engrossed and before it is read a third 
time, and take care that the same is truly and 
correctly engrossed, and not inconsistent 
with other adopted amendments, and make 
rei)ort thereof to the Convention , 2 . When 
any article shall be reported by the Revising 
Committee, it shall be read for information. 
If any amendment be reported by the said 
committee , the question shall be , ' ' Shall the 
amendment be agreed to?" If the amend- 
ments be disposed of, or, if no amendments 
be reported, the article shall be ordered to a 
final reading; and, upon the final reading, 
the question shall be , •" •" Shall the article be 
enrolled as a part of the Constitution?" and, 
if decided in the affirmative, it shall be 
referred back to tlie Revising and Enrolling 
Committee without a question. 3. The 
whole Constitution shall be carefully enrolled 
under the supervision of said committee; 
and , when the same shall be reported by the 
committee as truly enrolled, the question 
shall be, "Shall this Constitution be finally 
adopted?' ' and, if a majority of all the mem- 
bers elected to the Convention shall vote in 
favor of the final adoption of the Constitu- 
tion, the same shall be authenticated by the 
signature of the President and members of 
the Convention present, and shall be attested 
by the Secretary of the Convention. 

Which was laid over under the rule. 

Upon motion, the Convention adjourned, 
to meet on Monday, January 16, 1865, at 10 
o'clock A. M. 



SEVEISTTH I3A.Y 



MONDAY, January 16th, 1865. 



The Convention met pursuant to adjourn- 
ment, the President in the Chair. 

Prayer was oflered by Rev. Mr. McCook. 

The journal of the proceedings of the last 
session was read by the Secretary and ap- 
proved. 

Tlie President presented a proclamation 
from the Governor of Missouri in reference 
to the Emancipation Ordinance, which was 
i-ead by the Secretary. 

On motion of Mr. Strong, the proclama- 
tion was ordered to be spread upon the 
record : 



proclamation . 

Executive Department, \ 
City of Jefferson, 3Io. , January 11, 1865. ( 
It having- pleased Divine Providence to 
inspire to rigliteous action the sovereign peo- 
ple of Missouri, who, through their dele- 
gates in convention assembled, with proper 
legal authority and solemnity, have t]ii< day 
Ordained, ''^That hereafrer, in this State, 
there shall be neither slaverv nor involun- 
tary servitude, except in punishment of 
crime, whereof the party shall have been 
duly convicted; and all persons held to ser- 
vice or labor as slaves are herei)\ declared 
free." 
Now, therefore, by authority of the su- 



30 



preme power vested in me by the Constitu- 
tion of Missouri, I, Thomas C. Fletcher, 
Governor of the State of Missouri, do pro- 
claim, that henceforth and forever no person 
\\ithin the jurisdiction of this State shall be 
subject to any abrido-ement of liberty , except 
such as the lav\^ may prescribe for the com- 
mon good , or know any master but God . 
In testimoxy whereof, I have hereunto 
signed my name and caused the 
[l. s.] Great Seal of the State to be affixed, 
at the City of Jetierson, this 11th 
day of January, A. D. 18G5. 

THOS. C. FLETCHER. 
Bj' the Governor: 

Francis Rodman, Secy of State. 

Mr. Owens presented the following pre- 
amble and resolutions : 

Whereas, There is now pending before 
the Congress an amendment to the Constitu- 
tion of the United States, abolishing- slavery 
in all the States and Territories; be it, there- 
fore , 

Resolved^ That in the opinion of this Con- 
vention said amendment should be adopted, 
and our Representatives In Congress are 
herebj" instructed to vote for, and use their 
influence in procuring the passage of, said 
amendment. 

Resolved., That the President of this Con- 
vention forward to each of the members of 
Congress from this State, and the Speaker 
of the House of Representatives, a certified 
copy of the foreo:oing resolution as soon as it 
is adopted by this Convention. 

Mr. GiLSTRAP moved to amend the resolu- 
tion by inserting the word ' 'Senators' ' before 
the word "Representatives," so that the 
resolution shall read "Senators and Repre- 
sentatives. " 

Mr. Owens accepted the amendment. 

Mr. Clover moved to amend by striking 
out the word '• 'instructed, ' * and insert ' 're- 
quested . ' ' 

Upon motion of Mr. Strong, the amend- 
ment -was rejected. 

The question being upon the adoption of 
the resolution, Mr. Gilstrap demanded the 
ayes and noes, and the vote being taken, 
stood as follows : 

Ayes — Messrs. Adams, Bedford, Bon- 
ham, Budd, Bush, Childress, Clover, Cow- 
den, Davis of Nodaway, Dodson, D'Oench, 
Drake, Ellis, Esther, Filley, Fletcher, 
Folmsbee. Fulkerson, Gilbert of Lawrence , 
Gilsti'ap, Grammer, Green, Henderson, 
Holdsworth, Holcomb, Holland, Hughes, 
Hume, Husmann, King, Leonard, Linton, 
McKernan, McPherson, Mack, Meyer, 
Mitchell, Newgent, Nixdorf, Owens, Peck, 
Rankin, Rohrer, St. Gem, Smith of Worth , 
Strong, Sutton, Swearingen, Thilenius, 



Williams of Caldwell, Williams of Scotland, 
and Mr. President— 52. 

Noes— Messrs. Da^is of New Madrid, 
Evans, Gamble, Gilbert of Platte , and Mor- 
ton— 5. 

Absent — ^IMessrs. Bunce, Foster, Harris, 
Martin, Smith of Mercer, Switzler and 
Weatherby — 7 . 

So the resolution Avas adopted. 

On motion of Mr. Folmsbee, leave of ab- 
sence was granted to Mr. Weatlierby. 

On motion of Mr. Drake, leave of absence 
was granted to Mi'. Bunce. 

On motion of Mr. Folmsbee, Mr. Smith 
of Mercer was granted leave of absence , on 
account of sickness. 

Mr. Drake, Chairman of the Committee 
on Legislative Department, made the fol- 
lowing report : 

The majority of the Committee on the 
Legislative Department beg leave to report, 
that they have had under "consideration the 
third and thirteenth articles of the present 
Constitution, and beg leave to report, in 
part, the following three proposed amended 
articles, viz: 

1 . Declaration of Rights ; 

2. Legislative Department; and 

3. Impeachments. 

The first two of which they recommend 
shall be printed for the information of the 
Convention, and acted on in the order in 
which tiiey are named above. 

Should the article on Legislative Depart- 
ment be finally adopted as reported, it will 
be necessary that a committee should be 
appointed, fairly representing all parts of 
the State, to frame an apportionment of Sen- 
ators and Representatives in the General 
Assembly, on just principles, to stand until 
an enumeration of the inhabitants of the 
State shall afford a basis for a more exact and 
equal apportionment. 

CD. DRAKE, Chairman. 

The following are the articles accompanj'- 
Ing said report : 



Declaration of Rights. 
That the general, great, and essential 
principles of liberty and free government 
may be recognized and established, and that 
the relations of this State to the Union and 
Government of the L^nited States, and those 
of the people of this State to the rest of the 
American people, may be defined and 
aifirmed, we do declare — 

1. That we hold it to be self-evident, that 
all men are created equally free, and are en- 
dow^ed by their Creator with certain inalien- 
able rights, among which are life, hberty, 
the enjoyment of the fruits of their own 
labor, and the pursuit of happiness: 

2. That there can not be in this State, 
either slavery or involuntary servitude, 



31 



except in punishment of crime, whereof tlie 
party shall have been duly convicted : 

3. That no person can, on account of 
color, be disqualified as a witness, or be dis- 
abled to contract, or be prevented from 
acquiriug-, lioldina:, and transmittino- prop- 
erty, or be liable'to any other punishment 
fo/any offense than that imposed upon others 
for a like offense, or be restricted in the ex- 
ercise of relif^ious worship, or be hindered in 
acquiring- education, or be subjected, in law, 
to any other restraints or disqualifications, 
in regard to any personal rights, than such 
as are laid npon others under lilvc circum- 
stances : 

4. That all political power is vested in, 
and derived from, the people; that all gov- 
ernment of right originates from the people, 
is founded upon their will only, and is insti- 
tuted solely for the o-ood of the wliole: 

5. That "^ the people of tliis State have the 
inherent, sole, and exclusive right of regu- 
lating the internal government and police 
thereof, and of altering and abolishing their 
Constitution and form of government, when- 
ever it may be necessary to their safety and 
happiness; but eyery such right should be 
exercised in pursuance of law, and consist- 
ently with the Constitution of the United 
States : 

6 . Tliat tliis State shall ever remain a mem - 
ber of the American Union; that the people 
thereof are a part of the American nation ; 
and that all attempts, from whatever source 
or upon whatever pretext, to dissolve said 
LJnion, or to sever said nation, ought to be 
resisted with the whole powder of the State : 

7. That every citizen of this State owes 
i:)aramount allegiance to the Constitution and j 
Government of the United States, and is not | 
bound by any law or ordinance of this State 
in contravention or subversion thereof: 

8. That the people have the right peace- 
abl.y to assembly for their common good, 
and to apply to those vested with the powers 
of o-overnment for redress of giievances, by 
petition or remonstrance; and that their 
right to bear arms in defense of themselves 
and of the lawful authority of the State 
can not be questioned : 

9. That all men have a natural and inde- 
feasible right to w^orship Almighty God 
according to the dictates of their "own con- 
sciences; that no person can, on account of 
his religious opinions, be rendered ineligible 
to any office of trust or profit in this 
State; 'and that no person ought, by any 
law, to be molested in his person or estate, 
on account of his religious persuasion or 
profession, or for his religious practice, un- 
less, under the color of religion, he disturb 
the good order, peace, or safety of tlie State, 
or infringe the laws of morality, or injure 
others in their natural, civil, or religious 
rights : 

10. That no person can be compelled to 
erect, support, or attend any place of wor- 
ship, or to maintain any minister of the gos- 
pel or teacher of religion; but whatever 
contracts any person may enter into for any 



such object, ought, in law, to be binding 
and capable of enforcement, as other con- 
tracts : 

11. That no preference can ever be given, 
by law, to any sect or mode of worship: 

12. That no religious corporation can be 
established in this State, except that, by a 
general law, uniform throughout the State, 
any religious society or congregation may 
become a body corporate, for the sole pur- 
pose of acquiring, holding, using, and dis- 
posing of so much land as may be suitable 
for a house of public worship, a chapel, a 
parsonage, and a burial ground, and man- 
aging the same, and contracting in relation 
to such land, and the buildings thereon, 
through a board of trustees selected by 
themselves ; but the quantity of land to be 
held by any such body corpoVate, in connec- 
tion with a house of worship or a parsonage, 
shall not exceed five acres in the country, or 
one acre in a town or city: 

13. That every gift, sale, or devise of 
land to any minister, public teacher, or 
preacher of the gospel, as such, or to any 
religious sect, order, or denomination, or 
to, or for, the support, use. or l)enelit of, 
or in trust for, any minister, public teacher, 
or preacher of the gospel, as such, or any 
religious sect, order, or denomination; and 
every gift or sale of goods or chattels to go 
in succession, or to take place after the death 
of the seller or donor, to or for such sup- 
port, use, or benefit; and also, every devise 
of goods or chattels, to or for the support, 
use, or benefit of any minister, public 
teacher, or preacher of the gospel, as such, 
or any religious sect, order, or denomina- 
tion, without the prior or subsequent sanc- 
tion of the General Assembly, shall be void; 
except always, any gift, sale, or devise of 
land to a church, religious society, or con- 
gregation, for the uses and purposes, and 
within tlie limitations of the next preceding- 
clause of this article : 

14. That all elections shall be free and 
open : 

15. That courts of justice ought to be open, 
to every person, and certain remed}' atforded 
for every injur}^ to person, property, or 
character; and that right and justice ought 
to be administered without sale, denial, or 
delay : 

1G'. That no private property ought to be 
taken or applied to public use, without just 
compensation : 

17. That the right of trial by jury shall 
remain inviolate; but in all civilcases a jury 
shall consist of not more than six p(n-soiis: ' 

18. That in all criminal prosecutions the 
accused has the riglit to be heard by himself 
and his counsel; lo demand the nntui-e and 
cause of accusation; to have compulsory 
process for witnesses in his favor: to meet 
the witnesses against him; and. in prosecu- 
tions on presentment or indictment, to a 
speedy trial by an impartial jury of the 
vicinage; that "the accused cannot be com- 
pelled to give evidence against himself, nor 
be deprived of life, liberty, or property, but 



32 



by the judgment of his peers, or the law of 
the L^nd : 

19. That no person, after having been 
once acquitted b}' a jury, can, for the same 
offense, be again put in jeopardj' of life or 
liberty; but if, in any criminal prosecution, 
the j my be divided in opinion, the court, 
before which the trial shall be had, may, in 
its discretion, discharge the jury, and com- 
mit or bail the accused for tibial at the next 
term of such court. 

20. That all persons shall be bailable by 
sufficient siu-eties, except for capital offenses*^, 
when the proof is evident or the presump- 
tion great : 

21. That excessive bail shall not be re- 
quired, nor excessive tines imposed, nor 
cruel and unusual punishment intlicted. 

22. That the privilege of the writ of habeas 
corjnis cannot be suspended, unless when, in 
cases of rebellion or invasion, the public 
safety maj' require it: 

23. That the people ought to be secure in 
their persons, papers, houses, and effects, 
from unreasonable searches and seizures; 
and no warrant to search any place, or seize 
any person or thing, can issue, ^^ithout de- 
scribing the place to be searched , or the per- 
son or thing to be seized , as nearh' as ma}^ 
be, nor ■\^'ithout probable cause, supported 
by oath or affirmation : 

"^24. That no person can, for an indictable 
offense, be proceeded against criminally by 
information, except in cases arising in the 
land or naval forces, or in the militia, when 
in actual service in time of Avar or pubUc 
danger, or, bj" leave of coiu-t, for oppression 
or misdemeanor in office : 

25. That treason against the State can con- 
sist only in levying war against it. or in 
adhering to its enemies, giving them aid and 
comfort; and that no person can be convicted 
of treason, unless on the testimony of two 
\A-itnesses to the same overt act, or on his 
ovm confession in open court : 

26. That no person can be attainted of 
treason or felony by the General Assembly ; 
that no conviction can work corruption of 
blood or forfeiture of estate ; and that the 
estates of such persons as may destroy their 
own lives shall descend or vest, as in cases 
of natiu-al death : 

27. That the free communication of 
thoughts and opinions is one of the invalu- 
able rights of man, and that every person 
may freely speali, AATite, and print, on any 
subject, being responsible for the abuse of 
that libert}^ ; that in all prosecutions for libels 
the truth thereof may be given in evidence, 
and the jtirj- maj determine the law and the 
facts, under the direction of the coml: 

28. That no ex post facto law, nor law im- 
pahing the obligation of candidates, or re- 
trospective in its operation, can be passed: 

29. That imprisonment for debt cannot 
exist in this State , except for fines or pen- 
alties imposed for violation of law: 

'60. ihat no person who is religiously 
scrupulous of bearing arms can be compelled 
to do so; but may be comjDelled to pay an 



equivalent for military serAice, in such man- 
ner as maybe prescribed by law; and that 
no priest, preacher of the gospel, or teacher 
of anj religious persuasion or sect, regularly 
ordained as such, shall be subject to military 
dut}', or compelled to bear arms: 

31. That all property subject to taxation 
shall be taxed in propoVtion to its value : 

32. That no title of nobility, hereditary 
emolument, privilege, or distinction shall be 
granted, nor any office created, the duration 
of which siiall be longer than the good be- 
havior of the officer api^ointed to ffil the 
same : 

33 . That the military is , and in all cases 
and at all times shall be. in strict subordina- 
tion to the civil power; that no soldier can, 
in time of peace, be quartered in any house 
without the consent of the owner;' nor in 
time of war, but in such manner as may be 
prescribed bylaw: nor can any aippropria- 
tion for the support of an army be "made for 
a longer period than two years. 



Legislative Department . 

Section 1. The legislative power shall be 
vested in a General Assembly, which shall 
consist of a Senate and House of Representa- 
tives. 

Sec . 2 . The House of Eepresentatives shall 
consist of one hundred members , to be chosen 
by the qualified voters, for two years: for the 
election of whom the State shaU be divided 
into convenient districts. 

Sec. 3. No person shall be a member of 
the House of Representatives who shall not 
have attained the age of twenty-four years; 
who shall not be a white male citizen of the 
United States: who shall not have been an 
inhabitant of this State two years, and of the 
district which he may be chosen to represent 
one year, next before the day of his election, 
if such district shall have been so long estab- 
Ushed, but if not, then of the county or 
counties from which the same shall have been 
taken; and who shall not, in the year of his 
election, or the year next preceding, have 
paid a State or county tax. 

Sec. 4. The Senate shall consist of thirty- 
two members, to be chosen by the qualified 
voters, for four years; for the election of 
vrhom the State shall be divided into conve- 
nient districts. 

Sec. 5. No person shall be a Senator who 
shall not have attained the age of thirty 
years ; who shall not be a white male citizen 
of the United States; who shall not have 
been an inhabitant of this State foiu- j'ears, 
and of the district he may be chosen to rep- 
resent one year, next before the day of his 
election, if "such district shall have been so 
long established, but if not, then of the 
district or districts from which the same 
shall have been taken; and who shall not, in 
the year of his election, or the year next 
preceding, have paid a State and county tax. 

Sec. G. Senacors and iiepresentatives shall 
be apportioned among thek respective dis- 
tricts, as nearly as may be, according to the 



33 



number of inhabitants in each. They shall 
be chosen according to the apfjortionment 
established in this Constitution, until the 
next decennial census taken b}' the United 
States shall have been made, and the result 
thereof as to this State ascertained, when 
the apportionment shall be revised and ad- 
justed, on the basis of that census. In the 
year one thousand eight hundred and sev- 
enty-five, and every tenth year thereafter, 
there shall be taken, under tlie authority of 
this State, a census of the inhabitants thereof ; 
and after every such census the apportion- 
ment of Senators and Representatives may 
be based thereon, until the next succeeding 
national census ; after which it may be based 
upon the national census until the*^next suc- 
ceeding decennial State census; and so on, 
from time to time, the enumerations made 
by the United States and this State shall be 
used, as they respectively occur, as the basis 
(rf apportionment. 

Sec. 7. Senatorial and representative dis- 
tricts maj' be altered, from time to time, as 
public convenience may require . When any 
such district shall be composed of two or 
more counties, they shall be contiguous. 

Sec. 8. The first election of Senators and 
Eepresentatives, under this Constitution, 
sliall be held at the general election in the 
year one thousand eight hundred and sixty- 
six, when the whole number of Senators 
and Eepresentatives shall be chosen. 

Sec. 9. At the regular session of the Gen- 
eral Assem])ly chosen at said election, the 
Senators shall be divided by lot into two 
equal classes. The seats of the first class 
shall be vacated at the end of the second year 
after the day of said election, and those of 
the secon.d class at the end of the fourth year 
after that day; so that one-half of the Sena- 
tors shall be chosen every second year. In 
making such division it shall be so con- 
ducted, in regard to any Senatorial District 
decting more than one Senator, as that the 
Senators from that district shall first be 
divided, as nearly equal as may be, into the 
two classes, so as to avoid the election of all 
the Senators from such district for the same 
term. 

Sec. 10. No member of Congress, or per- 
son holding any lucrative oflice under the 
United States, or this State (militia officers, 
justices of the peace, and notaries public ex- 
cepted), shall be eligible to either house of 
the General Assembly, or shall remain a 
member thereof after '^ having accepted any 
such office, or a seat in either house of Con- 
gress. 

Sec. 11. No person who now is, or may 
hei-eafter be, a collector or holder of public 
money, or assistant or deputy of such col- 
lector or holder of public money, shall be 
eligible to either house of the General Assem- 
bly, until he shall have accounted for and 
paid all sums for which he may be account- 
able. 

Sec. 12. No person, while lie continues to 
eiKercise the functions of a bishop, priest, 
clergyman, or teacher of any religious per- 



suasion, denomination, society, or sect, 
shall be eligible to either house of the Gen- 
eral Assembly . 

Sec. 13. The Governor shaU issue ^Tits of 
election to fill such vacancies as may occur 
in either house of the General Assembly. 

Sec. 14. No Senator or Kepresentative 
shall, during the term for which he shall 
have been elected, be appointed to any civil 
office under this State, which shaU have 
been created, or the emoluments of which 
shall have been increased, during his con- 
tinuance in office as a Senator or Representa- 
tive, except to such offices as shall be filled 
by elections of the people. 

Sec. 15. Senators and Representatives 
shall, in all cases, except treason, felony, 
or breach of the peace, be privileged from 
arrest during the session of the General 
Assembly, and for fifteen days next before 
the commencement and after the termination 
of each session ; and for any speech or de- 
bate, in either house, they shall not be ques- 
tioned in any other place . 

Sec. 16. The members of the General 
Assembly shall, severally, receive from the 
public treasury a compensation for their 
services, which may, from time to time, be 
increased or diminished by law. 

Sec. 17. A majority of the whole number 
of members of each house shall constitute a 
quorum to do business; but a smaller num- 
ber may adjourn from day to day, and may 
compel the attendance of absent members, 
in such manner, and under such penalties, 
as each house may provide. 

Sec. 18. Each house shall appoint its OAvn 
officers; shall judge of the qualifications, 
elections and returns of its own members; 
may determine the rules of its proceedino-s ; 
may arrest and punish by fine not exceeding 
three hundred dollars, or hj imprisonment 
in a county jail not exceeding ten days, or 
both, any person not a member, who shall 
be guilty of disrespect to the house , by any 
disorderly or contemptuous behavior in its 
presence during its session; may punish its 
members for disorderly behavior, and, with 
the concurrence of two-thirds of all the 
members elected, may expel a member; but 
no member shall be expelled a second time 
for the same cause. 

Sec. 19. Each house shall, from time to 
time, ]3ublish a journal of its proceedings, 
except such parts thereof as may, in "its 
opinion, require secrecy; and the' yeas and 
nays on any question shall be taken, and en- 
tered on the journal, at the desire of any 
two members. Whenever the yeas and nays 
are demanded, the ^uflole list of members 
shall be called, and tne names of absentees 
shall be noted. And published with the jour- 
nal . 

Sec. 20. The sessions of each house shall 
be held with open doors, except in cases 
which may re(iuire secrecy. 

Sec. 21. Neither house shall, without the 
consent of the other, adjourn for more than 
two days at any one tin'ie, nor to any otlier 



34 



place than that in which the two houses may 
be sitting. 

Sec. 22. Bills mstj originate in either 
house, and may be altered, amended, or 
rejected, by the other; and every bill shall 
be read on three different days in each house, 
unless two-thirds of the house where the 
same is pending shall dispense with this rule ; 
and every bill, having passed both houses, 
shall be signed by the Speaker of the House 
of Repiipseiitatives , and by the President of 
the Senate. 

Sec . 23 . The style of the laws of this State 
shall be : ^''Be it enacted hy the General Assem- 
bly of the State of Missouri^ as follov)s. ' ' 

Sec. 24. The General Assembly shall not 
pass special laws divorcing any named par- 
ties ; or declaring any named person of age ; 
or authorizing any named minor to sell, 
lease, or encumber his or her property; or 
providing for the sale of the real estate of any 
named minor, or other person laboring un- 
der legal disability, by any executor, ad- 
ministrator, guardian, trustee, or other 
person ; or changing the name of any per- 
son; or establishing, locating, altering the 
coui'se, or affecting the construction of roads; 
or the building or repairing of bridges; or 
establishing, altering, or vacating any street, 
avenue, or alley in any city or town; or ex- 
tending the time for the collection of taxes, 
or otherwise relie\dng any collector of taxes 
from tlie due performance of his official du- 
ties; or giving effect to informal or invalid 
deeds or wills; or legalizing, except as 
against the State, the unauthorized or in- 
valid acts of any officer ; or granting to any 
individual or company the right to lay down 
railroad tracks in the streets of any city or 
town. The General Assembly shall pass no 
special law for any case for which provision 
may at the time exist under any general law ; 
and shall pass general laws providing, so far 
as it may deem necessary, for the cases 
enumerated in this section, and for all other 
cases where a general law can be made aj)- 
plicable . 

Sec. 25. The General Assembly shall not 
pass any law incorporating, or authorizing 
the incorporation of any bank, with author- 
ity to issue notes, bills, or other paper as a 
circulating medium, or renewing or extend- 
ing the charter of any such bank heretofore 
established, beyond the period now fixed by 
law for its termination, or relieving any such 
bank from any penalty or forfeiture it may 
have incurred, or may hereafter incur. 

Sec. 26. No law^ shall be passed reviving 
or re-enacting any act heretofore passed 
creating any private corporation, where such 
corporation shall nof have organized, and 
commenced the transaction of its business, 
within one year from the date of such act; 
nor shall any law be passed reviving any 
such act which has heretofore been forfeited , 
abandoned, or surrendered. 

Sec. 27. Corporations may be formed un- 
der general laws ; but shall not be created by 
special act, except for municipal pm-poses. 
All general or special acts passed pursuant 



to this section may be altered, from time to 
time , or repealed . 

Sec. 28. No municipal corporations, ex- 
cept cities, shall be created by special act; 
and no city shall be incorporated with less 
than five thousand permanent inhabitants, 
nor unless the people thereof, by a direct 
vote upon the question, shall have decided 
in favor of such incorporation . 

Sec. 29. Dues from private corporations 
shall be secured by such individual liabilities, 
and other means as may be prescribed by 
law; but in all cases, each stockholder shall 
be liable, over and above the stock by him 
or her owned, and awj amount unpaid 
thereon, to a further sum, at least equal in 
amount to such stock . 

Sec. 30. No private corporation for the 
transaction of any kind of t3usiness shall be 
authorized for a longer period than twenty 
years . 

Sec. 31. The General Assembly shall 
never authorize any lotterj^, nor shall the 
sale of lottery tickets be allowed, nor shall 
any lottery heretofore authorized be per- 
mitted to be drawn, or tickets therein to be 
sold, after the first day of July, one thou- 
sand eight hundred and sixty-five. 

Sec. 32. No law enacted by the General 
Assembly shall relate to more than one sub- 
ject, and that shall be expressed in the title. 

Sec. 33. The General Assembly shall 
direct, by law, in what manner, and in Avhat 
courts, suits may be brought against the 
State . 

Skc. 34. When any officer, civil or mili- 
tary, shall be appointed by the joint or 
concurrent vote of both houses, or by the 
separate vote of either house, the votes shall 
be publicly given viva voce, and entered on 
the journals. 

Sec. 35. The General Assembly elected 
in the year one thousand eight hundred and 
sixty-six, shall meet on the first Wednesday 
of Januarj", one thousand eight hundred and 
sixty-seven; and thereafter the General As- 
sembly shall meet in regular session once in 
every two years ; and such meeting shall be 
on the first Wednesday of Januar3^, unless a 
majority of all the members elected to both 
houses concur in fixing a different day by 
law. 

Sec. 36. At the re^-ular session of the 
General Assembly, in the year one thousand 
eight hundred and sixty-seven, all the statute 
laws of this State , of a^ general nature , shall 
be revised, digested, and promulgated, in 
such manner as the General Assembly may 
direct. The Supreme Court, as organized 
under this Constitution , shall appoint a suit- 
able person or persons to prepare a complete 
revision of such general statutes, with such 
amendments as may appear beneficial, and 
report the same, printed, in bill form, by 
the public printer, to the next General As- 
sembly. The person or persons so appointed 
may, with the approbation of the Supreme 
Court, employ such clerks as may be neces- 
sary in preparing said revision. The Sec- 
retary of State shall, at the expense of the 



35 



state, provide all necessary stationery for 
the use of tlie revisers. The compensation 
of the person or persons so appointed, and 
that of the clerks employed, shall be such as 
the Supreme Court may, from time to time, 
authorize and allow, and the same, together 
^\ith such reasonable incidental expenses as 
may be incurred, shall be paid out of the 
State Treasury upon the order of said Com't. 
After the said revision of the statutes, no 
similar revision shall be made by the General 
Assembly prior to the yem' one thousand 
eight hundred and eighty-five. 

ARTICLE — . 
Impeachments . 

Section 1. The Governor, Lieutenant 
Governor, Secretary of State, Auditor, 
Treasurer, Attorney General, and all judges 
of the courts, shall be liable to impeach- 
ment for any misdemeanor in office; but 
judgment, in such case, shall not extend 
further than removal from office, and dis- 
qualification to hold any office of honor, 
trust, or profit, under this State. 

Sec. 2. The House of Representatives shall 
have the sole power of impeachment. All 
impeachments shall be tried by the Senate ; 
and when sitting for that purpose, the Sen- 
ate shall be on oath or affirmation to do jus- 
tice according to law and evidence. When 
the Governor shall be tried, the presiding 
Judge of the Supreme Court shall preside. 
No person shall be convicted without the 
concurrence of tw^o-thu*ds of the Senators 
present. 

On motion, one hundred copies of each 
were ordered to be printed for the use of the 
Convention . 

jMr. GiLSTRAP presented a petition from the 
Loyal Leagues of North Missouri, which was 
referred to the Committee on the Judicial 
Department. 

Mr. BoNHAM, Chairman of the Committee 
on the Elective Franchise, presented the fol- 
lowing report : 

A majority of the Committee on Elective 
Franchise have had the matter under consid- 
eration, examined the several propositions 
presented to the Convention, and have in- 
structed me to report an article to be added 
to the Constitution as a new article, and 
recommend its adoption by this Convention. 
They also recommend that the article be read 
the first time by its title, laid upon the table, 
and one hundred copies of the same be 
printed for the use of the Convention. 

D. BONHAM, Chairman. 

The following is the article accompanying 
said report: 

ARTICLE — . 

Elections, and Qualificatio7is of Voters, Officers, 
and others. 
Section 1. All elections by the people 
shall be by ballot. No election shall continue 
longer than one day. 



Sec. 2. General elections shall be held 
biennially, on the Tuesday next after the 
first Monday in November. The first gen- 
eral election under this Constitution shall be 
held on that day in the year one thousand 
eight hundred and sixty-six. Should Con- 
gress direct the appointment of electors of 
President and Vice President of the United 
States on any other day than that now estab- 
lished, the General Assembly may change 
the time of holding general elections so as 
to provide for holding them on the (\^y which 
may be designated by Congress for that pur- 
pose, and on the corresponding day two 
years thereafter. No special election (State, 
county, or municipal) sliall be appointed to 
be held on a Monday. 

Sec. 3. At any election held by the peo- 
ple under this Constitution, or in pursuance 
of any law of this State, or under any ordi- 
nance or by-law of anj^ municipal corpora- 
tion, no person shall be deemed a qualified 
voter who has ever been in armed hostility to 
the United States, or to the lawful authori- 
ties thereof, or to the government of this 
State; or has ever given aid, comfort, coun- 
tenance, or support, to persons engaged in 
any such hostility; or has ever, in any man- 
ner, adhered to the enemies, foreign or 
domestic, of the United States, either by 
contributing to them, or by unlawfully send- 
ing within meir lines, money, goods, letters, 
or information; or has ever cfisloyally held 
communication with such enemies; ot has 
ever advised or aided any person to enter the 
service of such enemies; or has ever, by 
open act or word, declared his adherence to 
the cause of such enemies, or his desire for 
their triumph over the arms of the United 
States, or has ever, except under overpow- 
ering compulsion, submitted to the authority 
or been in the service of the so-called ' 'Con- 
federate States of America; ' ' or has ever left 
this State and gone within the lines of the 
armies of the so-called ' ' Confederate States 
of America," with the purpose of adhering 
to said States or armies; or has ever been a 
member of, or connected with, any order, 
society, or organization, having for its object 
to aid or encourage rebellion against the 
United States, or to promote the dissolution 
of the Union thereof, or to oppose by any 
unlaAvful means the laws or authority thereof, 
or the laws, ordinances, or authority of this 
State; or has ever been engaged in guerrilla 
warfare against loyal inhabitants of tlie United 
States, or in that description of marauding 
commonly known as ''bushwhacking:" or 
has ever knowingly harbored, aicted, or 
countenanced, any person so engaged: or 
has ever left this" State for the p'ufpost^ of 
avoiding enrollment for or draft into the mil- 
itary service of the United States: or has 
ever, in order to escape the performaiKH'^ oi 
duty in the militia of this State, enrolled 
himself, or caused liimself to be enrolled, as 
a disloya ISouthern sympathizer; or hnving 
ever voted at any election by the peoph^ in 
this State, or in any other of the I'nited 
States, or held oftice in this State, or 



36 



in any other of the United States, shall 
thereafter have sought or received, under 
claim of alienage, the protection of a.nj 
foreio-n government, througli any consul 
or other officer thereof, in order to secure 
exemption from military duty in the mili- 
tia of this State, or in the "^army of the 
United States: nor shall any such person be 
capable of holding, in this'^State. any office 
of honor, trust, or profit, under its author- 
ity; or of being an officer, councilman, 
director, trustee, or other manager, of any 
corporation, public or private, now existing, 
or hereafter established, by its authority; or 
of acting as a professor or teacher in any 
educational institution incorporated by, or 
undei- any law of, this State ; or of teaching 
in any common or other school which is sus- 
tained, in whole or in part, by funds provided 
by law. But the foregoinof provisions, in 
relation to acts done against the United 
States, shall not apply to any person not a 
citizen thereof, who "^shall have committed 
such acts while in the service of some for- 
eign country at war with the United States, 
and who has, since such acts, been natural- 
ized, or may hereafter be naturalized, under 
the laws of the United States; and the oath 
of loyalty hereinafter prescribed, when taken 
by any such person, shall be considered as 
taken in such sense . 

Sec. 4. The General Assembly shall im- 
mediately provide, by law, for a complete 
and uniform registration, by election dis- 
tricts, of the names of qualified voters in 
this State, which registration shall be evi- 
dence of the qualification of all registered 
voters to vote at any election thereafter held ; 
but no person shalfbe excluded from voting 
at any election on account of not being regis- 
tered, until the General Assembly shall have 
passed an act of registration, and the same 
shall have been carried into effect; after 
which no person shall vote unless his name 
shall have been reoistered at least ten days 
before the day of the election ; and the fact 
of such registration shall be not otherwise 
shown than by the register, or an authentic 
copy there ofVcertified to the judges of elec- 
tion by the registering ofhcer", or officers , or 
other constituted authority. A new regis- 
tration shall be made within sixty daj's next 
preceding the tenth day prior to every bien- 
nial general election; and. after it shall have 
been made, no person shall establish his 
right to vote by the fact of liis name appear- 
ing on any previous register. 

Sec. 5." Until such a system of registra- 
tion shall have been established, every person 
shall, at the time of oflering to vote, and 
before his vote shall be received, take an oath, 
in the terms prescribed in the next succeed- 
ing section. After such a system shall have 
been established, the said oath shall be taken 
and subscribed by the voter at each time of 
his registration. Any person declining to 
take said oath shall not be allowed to vote, 
or to be registered as a qualified voter. The 
taking thereof shall not be deemed conclu- 
sive evidence of the right of the person to 



vote, or to be registered as a voter; but such 
right may, notv.ithstanding, be disproved. 
And after a system of registration shall have 
been established, all evidence for and against 
the right of any person as a qualified voter 
shall be heard and passed upon by the regis- 
tering officer, or officers, and not by "the 
judges of election. 

Sec. 6. The oath to be taken, as aforesaid, 
shall be known as the "Oath of Loyalty," 
and shall be in the following terms : 

"I, A. B., do solemnly sv^ear that 1 am 
well acquainted with the terms of the 

third section of the article of the 

Constitution of the State of Missouri, 
adopted in the year eighteen hundred and 
sixty-five, and have carefully considered 
the same; that I have never, directly or 
indirectly, done any of the acts in said 
section specified; that I have always been 
truly and loyallj^ on the side of tlie"^ United 
States, against all enemies thereof, foreig-n 
and domestic; that 1. will always bear true 
faith and unqualified allegiance to the United 
States, and will sui)port the Constitution and 
laws thereof as the supreme law of the land, 
any law or ordinance of any State to the con- 
trary notwithstanding; that I will always, to 
the best of my ability, protect and defend the 
Union of the United States, and not allow 
fhe same to be broken up and dissolved, or 
the Government thereof to be destroyed or 
overthrown, under any circumstances, if in 
my power to prevent it ; that I will always 
discountenance and oppose all combinations, 
plans, and eflbrts, having for their object the 
dissolution of said Union, or the overthrow 
of said Government; that I will always, in 
word and deed, demean myself as a loyal and 
faithful citizen of the United States; that I 
will support the said Constitution of the 
State of Missouri; and that I make this oath 
without any mental reservation or evasion, 
and hold it to be binding on me. " 

Sec. 7. Within fifteen days after the adop- 
tion of this Constitution, the Governor, Lieu- 
tenant Governor, Secretary of State, Auditor 
of Public Accounts, State Treasurer, Eegister 
of Lands, Attorney General, and all mem- 
bers and officers of both houses of the General 
Assembly, shall take and subscribe said oath; 
and, vvithin two months after such adoption, 
every person in this State holding any other 
office of honor, trust, or profit, under the 
Constitution or laws thereof, or under any 
municipal corporation, or any of the other 
offices, positions, or trusts, mentioned in the 
third section of this article, shall likewise 
take and subscribe the same. K any officer 
or person referred to in this section shall fail 
to comply with the requirement thereof, his 
office, position, or trust, shall, ipso facto, be- 
come vacant, and the vacancy shall be filled 
according to the law governing the case . 

Sec. 8. No vote in any election by the 
people shall be cast u^d for, nor shall any cer- 
tificate of election be granted to, any person 
who shall not, within fifteen days next pre- 



37 



cediii"- such election, have taken, subscribed, 
and tiled said oath. 

Sec. 9. Xo person shall assume the duties 
of any State, county, city, town, or other 
office \o which he may be appointed, other- 
^^ise than by a vote of the people ; nor shrtU 
any person, after the expiration of two months 
after the adoption of this Constitution, be 
permitted to practice as an attorney or coun- 
selor at lavv^; nor, after that time, shall any 
person be competent, as a bishop, priest, 
deacon, minister, elder, or other clergyman, 
of nuj religious persuasion, sect, or denom- 
ination, to solemnize marriages; unless such 
person shall have first taken, subscribed, and 
tiled said oath. 

Sec. 10. Oaths taken in pursuance of the 
seventh, eighth, and ninth sections of this 
article, shall be tiled as follows : By a State 
civil officer, or a candidate for a State civil 
office, and by members and officers of the 
present General Assembly, in the office of 
the Secretary of State; by a military officer, 
in the office^ of the Adjutant General; by a 
candidate; for either bouse of the General 
Assembly, in the clerk's office of the county 
court of the county of his residence, or 
in that of the county where the vote of 
the district is reqmred by law to be cast up, 
and the certificate of election granted ; by a 
city or town officer, in the office where the 
archives of such city or town are kejDt; and 
in all other cases, hi the office of the clei'k of 
the county court of the county of the per- 
son's residence. 

Sec. 11. Every court in which any person 
shall be summoned to serve as a grand or 
petit juror, shall require him, before he is 
sworii as a juror, to take said oath, in open 
court ; and ' no person refusing to take the 
same shall serve as a juror. 

Sec. 12. If any person shall declare that 
he has conscientious scruples against taking 
an oath, or swearino* in any foiin, the said 
oath may be changed into a solemn affirma- 
tion, and be made by him in that form. 

Sec. 13. In addition to the oath of loyalty 
iiforesaid, every person who may be elected 
or appointed to any office shall, before enter- 
ing upon its duties, take and subscribe an 
oatli or affirmation, that he will, to the best 
of his skill and ability, diligently and faith- 
fully, witliout partiality or prejudice, dis- 
charge the duties of such office according to 
the Constitution and laws of this State. 

Sec. 14. Whoever shall, after the times 
limited in the seventh and ninth sections of 
this article, hold or exercise any of the 
offices, positions, trusts, professions, or func- 
tions therein specified, without having taken, 
subscribed, and filed said oath of loyalty, 
shall, on conviction thereof, be puinslied by 
fine not less than live liunch'ed (k)ll:u-s, en- by 
imprisonment in the county jail not less than i 
six inontlis, or by both such line and im- j 
prisonmeut ; and ^^')U>evet• shall lake said 
oatli falsel^y, by swearing or by airirniation, 
shall, on conviction thereof, be adjudged 
guilty of perjury, and be punished by hn- 



prisonment in the penitentiary not less than 
two 3^ears. 

Sec. 15. Whoever shall be convicted of 
having, directly or indirectly, given or 
offered any bribe to procure his election or 
appointment to any office, shall be disquali- 
fied for any office of honor, trust, or profit, 
under this State ; and whoever shall give or 
ofter any bribe, to procure the election or 
appointment of any other person to any 
office, shalh on conviction thereof, be disqual- 
ified for a voter, or any office of lionor, trust, 
or profit, under this State, for ten years after 
such conviction. 

Sec. 16. No officer, soldier, seaman, or 
marine, in the regular army or navy of the 
United States, shall be entitled to vote at any 
election in this State. 

Sec. 17. No person who shall make, or 
become directly or indirectly interested in, 
any bet or wager depending upon the result 
of any election, shall vote at such election. 

Sec. 18. Every white male citizen of the 
United States, over the age of twenty -one 
3"ears, not disqualified by or under any of the 
provisions of this Constitution, and wdio shall 
have compiled with its requirements, and 
have resided in this State one year next pre- 
ceding any election, or next preceding his 
registration as a voter, and during the last 
sixty days of that period shall have resided 
in the county, city, or town where he ofiers 
to vote, or seeks registration as a voter, shall 
be entitled to vote at such election for all 
officers, State, county, or municiiDal, made 
elective by the people ; but he shall not vote 
elsewhere than in the election district of 
which he is at the time a resident, or, after a 
system of registration of votes shall have 
been establislied in the election district where 
his name is registered; except as pro\-ided 
in the twentieth section of this article. 

Sec. 19. For the purpose of voting, no 
person shall be deemed to have gained or 
lost a residence, by reason of his presence or 
absence, while employed in the service of 
the United States, nor while engaged in the 
navigation of the waters in this State, or of 
the IJnited States, or of the high seas; nor 
while a student in any seminary of learning; 
nor while kept at any poorhouse, or otlier 
asylum, at public expense; nor when con- 
fined in any public prison. 

Sec. 20. Any qualified voter, under the 
eighteenth section of this article, who may 
be" absent from tlie place of his residence, by 
reason of being in the volunteer army of tlie 
United States,' or in the militia force of this 
State, in the service thereof, or of the United 
States, whether within or without the State, 
shall, without registration, be entitled to 
vote in any election occurring durinu' .<ueh 
absence. Tlie General Assembly shall pro- 
\idc> by law for the taking of the votes of all 
sueh persons, wherever' they may be, and 
the day fixed for such election , \>r at any 
time within twenty days next prior thereto*, 
anil for the due return and counting of such 
votes. Every siu'h person shalT take the 



38 



same oath that all other voters may be re- 
quired to take in order to vote. 

Sec. 21. Voters shall, in all cases, except 
treason, felony, or breach of the peace, be 
privileged from arrest during their continu- 
ance at elections, and in going to and return- 
ing from the same. 

Sec. 22. Any person who may at any 
time have done any act which, under the 
third section of this article, has disqualified 
or may disqualify him , as therein expressed , 
and who shall, after the commission of such 
act, have voluntarily entered the military 
service of the United States , and been honor- 
abh' discharged therefrom, and after such 
discharge have demeaned himself in all re- 
spects as a loyal and faithful citizen, may be 
relieved from* such disqualification. In order 
thereto, he shall, in person, present his pe- 
tition to the circuit court of the county of 
his residence, stating specifically the act or 
acts which produced sucli disqualification, 
and the grounds upon which he prays to be 
relieved therefrom ; and the court shall set a 
day for heaiing the cause, not less than five 
days after the presentation of the petition; 
W'heu , if it appear by competent proof that 
the petitioner is justly entitled to the re- 
lief prayed for, the court shall make a de- 
cree removing such disqualification. But 
any act done by such person after the date | 
of'^such decree ,'^ which would impose a dis- I 
qualification under said third section of this 
article, shall make such decree null and 
void, and remit him to his previous con- 
dition of disquahfication ; and no such de- 
cree shall be granted a second time in his 
favor. 

Sec. 23. After any person shall have been 
so relieved by the decree of a circut court, 
he shall, in order to vote, or hold any of the 
olfices, positions or trusts, or exercise any 
of the privileges or functions hereinbefore 
specified, take'the oath of loj'alty aforesaid, 
except the part thereof which refers to the 
third section of this article, and to the past' 
acts or loyalts^ of the person taking the oath. 

Sec. 24. After the day of , one 

thousand eight hundred and' , and un- 
til the date next hereinafter named, the 
General Assembly shall have power, if a 
majority of all the members elected to both j 
houses concur therein, to suspend or repeal 
any part of the third , fifth and sixth sections 
of this article so far as the same relate to the 
qualifications of voters, but no further. 

After the day of , one thousand 

eight hundred and , the General As- 
sembly may wholly suspend or repeal the 
third, fourth, fifth, sixth, eighth, ninth, 
tenth, eleventh and tweKth sections of this 
article, or any part thereof, if a like major- 
ity of both houses concm- therein. But no 
such suspension or repeal shall have the 
effect of dispensing with the taking, by every 
person elected or appointed to any office in 
this State, of so much of the oath of loyalty 
aforesaid as follows the word '• thereof ''^' 
where it first occurs therein . On the passage 
of any bill suspending or repealing any of 



said sections, or any part thereof, the votes 
of both houses shall be taken by ayes and 
noes, and entered on the journals of the 
houses, respectively. The General Assem- 
bly shall also have power, at any time, to 
remove anj' such suspension or repeal, and 
reinstate the provisions suspended or re- 
pealed, in full force and eft'ect as a part of 
this Constitution. Every suspension or re- 
peal made in pursuance of this section , shall 
be o-eneral in its terms, and not in any case 
in favor of am^ named person; but the Gen- 
eral Assembly may except from the benefit 
of such suspension or repeal any person, or 
class of persons, it may see fit. 

Sec. 25. The General Assembly shall pro- 
vide for the exclusion from every office of 
honor, trust, or profit within this State, and 
from the rio-ht of suffrage, of any person 
convicted of bribery, perjurj', or other in- 
famous crime. 

Sec . 26 . For the purpose of ascertaining 
the sense of the people in regard to the ad- 
mission of persons of color to the right of 
suffrage, the question shall, in the manner 
hereinafter prescribed, be submitted to, and 
voted upon by, the qualified voters of the 
State, at the general election to be held in 
the year one thousand eight hundred and 
sevent}^ ; and if the vote of the people should 
then be ao-ainst such admission, the question 
shall, in like manner, be again submitted to, 
and voted upon by, such qualified voters, at 
the general election to be held in the year 
one thousand eight hundred and seventj'^-six; 
and if the vote of the peoxDie should then be 
against such admission, the General Assem- 
bly may, at any time thereafter, provide by 
law fo/ again submitting the question to the 
qualified voters, at any general election, and 
as often as it may be' deemed expedient. 
Whenever the said question shall be so sub- 
mitted, either at the times named in this 
section, or at any time fixed by the General 
Assembh' , the votes thereupon shall be given 
on the same ballots upon wiiich officers are 
voted for. The ballots in favor of the ad- 
mission of persons of color to the right of 
suffrage shall have written or printed thereon 
the words ' ' Colored Suttrage — Yes ; ' ' and 
those against such admission shall have writ- 
ten or printed thereon the words -'Colored 
Sufirage— No . " It shall be the duty of the 
judges of election, at any such election, to 
comit and return, with the other votes, 
those given for and against colored suffrao-e, 
and the same shall be cast up and certified 
by the clerks of the several county courts to 
the Secretary of State; and at the 'expiration 
of forty days after the day of the election, 
that ofiicer shall proceed to ascertain from 
the returns in his office the aggregate vote 
of the State upon said question, including 
the soldiers' vote hereinbefore provided for. 
and certify the same to the Governor, who 
shall thereupon make known the same by 
his proclamation; and if a majority of the 
votes given upon the question sliall have been 
in favor of colored sufirage, then, from the 
date of such proclamation, persons of color, 



39 



bein^ otherwise qualified as voters, shall be 
entitled to vote at all elections by the 
people . 

On motion, one hundred copies of the 
foregoing" article were ordered to be 
printed. 

Ml*. Fletcher offered the following reso- 
lution : 

Resolved^ That the State Constitutional 
Convention, now in session in St. Louis, ask 
and invite the State Senate and Legislature, 
in session at Jefferson City, to meet them at 
St. Louis on Wednesdaj^ next, the 18th inst. , 
that they may have an interchange of views ; 
and that the^ President of this Convention 
forward to the President of the Senate and 
the Speaker of the House of Representa- 
tives, a copy of this resolution, upon its 
adoption. 

Mr, moved to include the Governor 

of the State in the invitation, which was 
accepted hj Mr. Fletcher. 

Mr. Clover moved to amend the resolu- 
tion by striking out the words ' 'Wednesday, 
the 18th inst. , ' ' and inserting the ' '1st day 
of Januarj^ next. ' ' 

On motion, the resolution and amend- 
ments were laid on the table. 

The President read the following letter to 
the Convention : 

St. Louis, January 1Q^ 1865. 
Hon. Arnold Krekel, President of the Mis- 
souri State Convention : 

Sir — 1 have the honor to be the bearer of 
a communication from His Excellency the 
Governor of Illinois, transmitthig joint reso- 
lutions from the General Assembly of Illinois, 
passed on reception of intelligence of the 
adoption, by the Convention of Missouri, of 
an Ordinance of Emancipation, which com- 
munication I desire to present to your hon- 
orable body , at such time as it will be your 
pleasure to receive them „ 

Very respectfully, jour ob't serv't, 
(Signed) JOHN S. LOOMIS, 

Sec'y and A. D. C. to His Excellency, Gov. Yates. 

Mr. Drake offered the following resolu- 
tion, which was adopted: 

Resolved^ That the Convention will receive, 
mth pleasure, Mr. Loomis, the messenger 
bearing the communication from the Govern- 
or of tlie State of Illinois to this body; and 
that a connnittee of two be appointed to con- 
duct Mr, Loomis into the hall and introduce 
him to the Convention. 

The President appointed Messrs. Drake 
and St. Gem a committee to conduct in 
and introduce Mr. Loomis, who came for- 
ward and presented the following communi- 
cation : 



State oy Illinois, Executive Der't., \ 
Springjield^ Jan. 13, 1865. j 
To the Honorable the President of the Constitu- 
tional Convention of the State of MissowA : 

Sir — It is with feelings of unalloyed 
gratification that I submit to you the en- 
closed resolution of the General Assembly of 
the State of Illinois, congratulating her 
sister State on the passage, by the Constitu- 
tional Convention, of the ordinance abolish- 
ing slavery in Missouri. 

Illinois was the third State which came 
into the Union under the glorious ordinance 
of 1787. Missouri is the third State to abol- 
ish slavery in accordance with the spirit of 
the still more glorious proclamation of 
emancipation of Abraham Lincoln. 

May these two sister States henceforth run, 
hand' in hand together, the race of liberty, 
prosperity , and happiness . They have hith- 
erto been united by the ties of race and 
blood; hereafter they will be united forever 
by the ties of universal liberty, acknowledg- 
ing the fraternity of but one brotherhood of 
humanity, and the supremacy of but one 
God, who is the Father of all, without 
respect of race or color. 

All the natural and inevitable consequences 
of freedom must now be showered down 
upon the noble State of Missouri. She has 
accomplished the will of God, and of all 
good men, and her reward is being prepared 
for her by Him who holds the nations in the 
hollow of' His hands. 

With great respect, I am, sir. 
Your obed't serv't, 

(Signed) RICH'D YATES, Governor. 

State of Illinois, Executive Dep't, \ 
Springfield, January 13, 1865. j 

Resolved by the House of Representatives, 
the Senate concurring. That we hail with 
delight the tidings that the Constitutional 
Convention of Missouri, by the decisive 
vote of sixty to four, has abolished slavery 
in the State, and that the Governor be, and 
is hereby requested, in the name of the 
people of the State of Illinois, to tender our 
congratulations to the people of that State, 
and to welcome Missouri into the sisterhood 
of free States. 
Official copy : 

(Signed) PICH'D YATES, Governor. 

Mr. Drake offered the foUoAving resolu- 
tion , which was adopted : 

Resolved, That Missouri accepts, -SAith 
thanks, the greetings of her free sister, Illi- 
nois, and responds "with earnest Avishes tliat 
the current of good feeling between the two 
States may be as ceaseless in its llow as the 
tide of the mighty river which pours its rich 
blessings along the borders, which are no 
more to be divided by the black line of 
human slavery. 

The ordinance ottered by Mr. Bonh am, 
relative to abrogating certain parts of the 
constitution, was taken up, read the second 



40 



time, and referred to the Committee on tlie 
Legislative Department . 

On motion, the Convention adjonrned till 
3 o'clock p. M. 



AFTER:srOOX SESSION. 

Convention met pnrsnant to adjonrnment, 
the President in the chair. 

A quornm being present, the Convention 
proceeded to business . 

The follomng committee, as a Committee 
on Accounts , was appointed under the 49th 
rule governing the Convention, ^dz: Messrs. 
Mej^er, Holcomb, and Grammer. 

The resolution heretofore offered by ]Vli'. 
Bush, to amend the 4-lth rule, v^^as read the 
second time, and, on motion, adopted. 

Mr. St. Gem presented the following com- 
munication, which was read and referred to 
the Committee on the Judicial Department: 

To the Honorable Conventio7i of Delegates to 

amend the Constitution of the State of Mis- 

soicri : 

Under the laws heretofore existing in Mis- 
souri slaves could own no property in real 
estate, and possess no property except his 
peculium. 

There are many cases where wills have 
been made, or deeds of conveyance have 
been executed, to persons with secret trusts 
in favor of slaves. 

There are other cases of property accumu- 
lated by slaves in time allo^^'ed them by their 
masters to work for themselves. 

I have the honor to suggest that an ordi- 
nance should declare these secret trusts valid, 
and vest the legal title with them; also, ren- 
der valid the title and ownership of personal 
and real estate. 

Respectfully submitted for consideration. 
J. B. ROGERS. 

On motion of Mr. Mitchell, Mr. Wil- 
liams of Scotland was added to the Commit- 
tee on Education. 

Mr. Gamble offered the foUov^ing resolu- 
tion: 

Resolved, That it is the sense of this Con- 
A^ention that all persons owning slaves on the 
11th day of January, 1865, who were, and 
ai'e, truly loyal to the Government of the 
United States,"^ shall be paid the full value of 
such slaves so owned, and liberated by the 
Ordinance of Emancipation passed bj^this 
Convention on that day ; and the Committee 
on Legislative Powers are hereby instructed 
to insert a clause in the Constitution of this 
State, requiring the Legislature, at the present 
session, to pass the necessary law or laws to 
carry this resolution into effect: Provid.ed, 
That the Legislatm-e shall pass no law which 



will allow any such owner more than three 
hundred dollars for 2i\\j one such slave so 
emancipated. 

Mr. BoxHAM moved to lay the resolution 
on the table. 

Upon which motion Mr. Gamble demand- 
ed the aj-es and noes, and the vote being 
taken, stood as follows : 

Ayes — Messrs. Bonliam, Budd, Childress, 
Clover, Cowden, Davis of Xew Madrid, 
Davis of Xodawav. Dodson, D'Oench, Drake, 
Esther. Evans, FiUey, Folmsbee, Falker- 
son, Gilstrap, Gilbert of Lawrence Gram- 
mer, Green, Henderson, Holcomb, Holland. 
Hughes. Hume, Husmann, King, Leonard, 
Linton, McKernan, McPherson, Mack, Meyer, 
Mitchell, Newgent, Xixdorf, O^vens, Peck, 
Rankin, St. Gem, Smith of Worth, Strong, 
Sutton, Swearingen, Thileuius, Williams of 
Caldwell, Wilhams of Scotland, and Mr. 
President — 47 . 

Xoes— Messrs. Gamble, Gilbert of Platte, 
Morton, and Switzler— 4. 

Absent — Messrs. Adams, Bunce, Bush, 
Ellis, Fletcher, Foster, Harris, Holds worth, 
Martin, Rohrer, Smith of Mercer, and Weath- 
erby — 12. 

So the resolution was laid upon the table. 

Mr. Holcomb offered the following resolu- 
tion, which was refer j-ed to the Committee 
on Miscellaneous Business : 

Resolved, That the Committee on Miscel- 
laneous Propositions be, and thej^ are here- 
by, instructed to examine into the expe- 
diency of taxing rebels, or rehel prop- 
erty, in the several counties of this State, t» 
replace all township and county building's, 
and all other county or township property, 
that have been destroyed by rebel armies or 
rebel guerriUa bands: also*^ of refundino- to 
all loyal men, and especially Federal soldiers, 
the amounts that have been'stolen from them, 
and report to this Convention, by ordinaiK^ 
or other\^ise, as they shall think proper. 

Mr. Dayls of Nevr Madrid offered the fol- 
loTsdng resolution : 

Resolved, That the Constitution, together 
with all the provisions therein contained, 
and all the ordinances adopted b}' this Con- 
vention . shall be submitted to a" direct vote 
of the people of this State, on the fii'st Tues- 
day in November next. 

Mr. St. Gem moved to lay the resolution 
on the table. 

Mr. Dayis of !Mew 3Iadrid demanded the 
ayes and noes, and the vote being taken, 
stood as follows : 

Ayes — Messrs. Bonham, Budd, Bush, 
Childress- Clover. Cowden, Davis of Xoda- 
way, Dodson- D'Oench, Drake, Evans, 
Filley, Fohnsbee, Fulkerson, Gamble. Gil- 
bert of Lawrence, Grammer, Green, Hen- 
derson, Holcomb, HoUand, Hume, Hus- 



41 



mann, King, Leonard, Linton, McKernan, 
McPlierson, ' Mack, Meyer, Mitchell, New- 
a^ent, Nixdorf, Peck, Eankin, Eolirer, St. 
G-em, Smith of Worth, Strong-, Sutton, 
Swearino-en, Williams of Caldwell, Wil- 
liams of Scotland, and Mr. President — 44. 

iS'OES — Messrs. Bedford, Davis of New 
Madrid, Esther, Fletcher, Gilbert of Platte, 
Morton, Owens, Switzler, and Thilenius— 9. 



Absent — Messrs. Adams, Bunce, Ellis, 
Foster, Gilstrap. Harris. Holdsworth, 
Hughes. Martin, Smith of Mercer, Weath- 
erby — 11. 

So the resolution was laid on the table. 

On motion the Convention adjourned to 
meet to-morrow morning at 10 o'clock. 



EIG-HCTH 13A.Y. 



TUESDAY, January 17th, 1865. 



'"Convention met pursuant to adjoiu^nment, 
the President in the Chair. 

Prayer by Rev. Dr. Eliot. 

The jom-nal of the proceedings of the last 
session was read by the Secretary, and ap- 
proved. 

Mr. Drake offered the following resolu- 
tion, which was adopted : 

Resolved, That the Secretary of State be 
requested to make out and transmit to this 
body a tabular statement of the vote of this 
State, by counties, on the eighth day of 
November last, for and against a Convention. 

Ml*. NevvGent offered the following ordi- 
nance, wiiich was read the first and second 
times, and. 

On motion of Mr. Drake, was referred 
to the Committee on the Judicial Depart- 
ment : 

AN ORDINANCE TO PROTECT CITIZENS AND 
SOLDIERS. 

Be it ordained by the People of the State of 
Missouri, in Convention assembled: 
That no soldier nor citizen of this State 
shall be liable to any action by the civil 
authorities, for any act heretofore done, or 
that may hereafter be done, under the author- 
ity of any military command in this State. 

Mr. FiLLEY, Chairman of the Committee 
on Printing, presented the following report: 

The Committee on Printing unanimously 
and respectfully report, that from tlie nature 
of the printin<>' that the Convention will, 
from time to time, demand, it is impossible 
for the Committee, or the Convention, in ad- 
vance, to determine, and, thei'efore, impossi- 
ble to give a schedule upon wliich a specillc 
contract can be based 

If the Committee could be informed as to 
the precise (juautity, kind and style, it would 
afford them the basis for such a contract. 

Tiiey liave, therefore, adopted the basis of 
the last Convention, and made what appears 



to them a much more favorable arrangement, 
than, from the immense advance in labor 
and material, and the prices adopted by the 
last Convention, they expected, and. there- 
fore, have arranged with Messrs. McKee, 
Fishback & Co., of the Missouri Democrat^ as 
follows : 

All printing, in book form, to be done on 
good strong paper, in such type as may be 
directed by the Committee or officer having 
superintendence thereof; all documents, 
jind other job work, with such type and 
paper as may be directed by the proper offi- 
cer. The printing to be done promptly and 
in a neat and workmanlike manner. 

Price for blank forms, one dollar and three 
cents for the tu'st eight quires, each; and for 
every additional qifire eighty-five cents. 

For public documents, eighty-five cents 
per thousand ems, for the first hundred 
copies, and twenty cents per thousand ems 
for each additional hundred copies. 

For pressing sheets, folding and stitching, 
and covering with strong paper covers, not 
over ten cents per volume, for less than 
thirty-two pages for each volume ; substan- 
tially half bound, leather covers and backs, 
and lettered, thirty cents. 

The Committee recommend the adoption 
of the following resolution : 

Resolved, That the Secretary of the Con- 
vention be instructed to have the printing 
done by Messrs. McKee , Fishback & Co . , on 
terms as above. 

(Signed) CHAimCEY I. FILLEY, CKn. 
WILLLVjM D ' OENCH . 
WYLLYS KIXG. 

On motion, the report and resolution wei'e 
adopted. 

Mr. Strong offered the following resolu- 
tion, which was adopted: 

Resolved, Tliat the Secretary of this Con- 
vention be. and hereby is, authorized to em- 
ploy such clerks as are absolutely necessary 
to copy the reports of connniitees for tlio 
purpose of having them inunediately printed, 
and such other "business as requires addi- 
tional assistiince, under the du-eetion of tlie 



42 



President, and to receive such remuneration 
as the President may deem right. 

Mr. Strong, Chairman of the Committee 
on Credentials, reported that Mr. A. J. 
Barr, of the Tenth District, had presented 
his credentials, and that they are correct. 

Mr. Barr came toward and took the oath, 
and was enrolled as a member of the Con- 
vention . 

Mr. BoNHAM offered the following reso- 
lutions : 

Resolved^ That it is the sense of this Con- 
vention, that the Government of the United 
States should never propose terms of peace 
to the so-called Southern Confederacy, but 
should prosecute the war ^vith all the means 
and power of the Government, to its linal 
end, and until every rebel acknowledges and 
bows to the supremacy of the Constitution 
of the United States , and the laws passed in 
pursuance thereof. 

Resolved, That a copy of these resolutions 
be authenticated by the President and Sec- 
retary of this Convention, and forwarded to 
the President of the United States, the Pres- 
ident of the Senate , and the Speaker of the 
House of Representatives in Congress. 

Mr. Green offered the following resolu- 
tions as a substitute for the resolution of Mr. 
Bonham : 

Resolved, That this Convention would hail 
with delight the cessation of hostilities be- 
tween the armies of the Union and the armies 
of the so-called Confederate States of Amer- 
ica: Provided, howeve?', The same can be 
brought about on terms consistent with the 
honor, integrity, unity, and perpetuity of 
the Union of all the States, and the irrevo- 
cability of the Proclamation of Emancipa- 
tion, issued by President Lincoln in Jan- 
uary, 1863. 

Resolved, That unless these ends can be 
accomplished in negotiations for peace, it is 
our opinion that the war should be prose- 
cuted to its ultimate consequences, trusting 
that, under the providence of God, final vic- 
tory to the Union arms will be secured, the 
ultimate overthrow of the rebellion, and the 
restoration of peace, with the Union pre- 
served, and with universal emancipation 
through all the States. 

Mr. Strong offered as a substitute the 
following resolution: 

Resolved, That the terms of peace proposed 
by the President of the United States , in his 
late annual message, w^hich are in effect that 
peace will be restored when those who be- 
gan the war lay down their arms, and submit 
to the Constitution and laws of the United 
States, meet with the cordial approval of this 
Convention, and of the loyal people of the 
State of Missouri; and we are of the opinion 
that they are the only terms consistent with 



the honor and the safety of these United 
States. 

Ml- . Krekel offered the following resolu- 
tion, which was read, as a substitute for the 
original proposition and substitutes therefor: 

Resolved, That this Convention looks with 
apprehension to the preparation now making 
on the part of the Southern States to return 
to their allegiance as States by separate 
State action, because of the claim of State 
sovereignty implied therein, as well as the 
danger to the cause of freedom to the slaves 
yet held in bondage ; and we call upon the 
Government, the Congress, and the people of 
the United States, not to expose the people 
of the South to that fearful ordeal of gradual 
emancipation, through which the people of 
Missouri have passed, which has laid waste 
her fields, and expelled from their homes 
and caused the murder of many of her best 
citizens. 

On motion of Mr. Bush, the resolution of 
Mr. Bonham, and the substitutes therefor, 
were referred to a select committee of five, to 
be appointed by the Chair . 

On motion of Mr. Williams of Caldwell, 
Mr. Barr was allowed to record his vote on 
the Ordinance of Emancipation, which he 
recorded in the aflirmative. 

On motion of Mr. Willia:ms of Caldwell, 
Mr. Barr was added to the Committee on 
Militia. 

Mr. D'Oench offered the foUomng 
ordinance relative to banks and banking 
houses : 

Be it ordained by the People of Missouri, in 
Convention assembled : 

1. The General Assembly shall not have 
power to establish or incorporate any bank, 
or banking company, or moneyed institution, 
for the purpose of issuing bills of credit, or 
bills payable to order or bearer. 

2. Corporations not possessing banking 
powers or privileges may be formed under 
general laws, but shall not be created by 
special acts, except for municipal purposes, 
and in cases wiiere, in the judgment of the 
General Assembly, the objects of the corpo- 
ration can not be attained under general laws , 

3. The charters granted to banks of issue 
are hereby revoked; but, for the purpose of 
liquidation, they are permitted to continue 
their business until the first day of July, 
1866, when they shall cease to exist. 

On motion of Mr. Bush, this ordinance 
was referred to the Committee on Banks. 

On motion of Mr. Drake, the article on 
Declaration of Rights was made the special 
order of business at 3 o'clock this afternoon. 

On motion, the Convention adjoui-ned 
until 3 o'clock p. m. 



43 



AFTEKNOON SESSION. 

The Convention met pm-suaut to adjourn- 
ment, the President in the chair. 

A quorum being present, the Convention 
in'oceeded to business . 

The President announced the following 
as the special committee to whom was refer- 
red Mr. Bonham's resolution, and the sub- 
stitutes therefor: Messrs. Bush, Bonham, 
Green, Strong, and Barr. 

Mr. Marten offered the following resolu- 
tions : 

Resolved, 1. That all persons now hold- 
ing, or who may hereafter hold, any real or 
personal property in trust for the uses and 
purposes of schools, academies, colleges, or 
other institutions of learning, or for pur- 
poses of religious worship, or for charitable 
or benevolent objects; and all officers and 
teachers in any institution of learning, and 
all ministers, ordained or licensed preachers, 
of any religious denomination, shall, within 
thirty days after the passage of this ordi- 
nance, and otherwise before entering on the 
duties of their several stations , take and 
subscribe an oath that they have not at any 
time taken up arms against the Government 
of the United States , or the State of Missouri , 
nor in any manner given aid or comfort, by 
word, deed, writing, or othermse, to the 
enemies of the United States , or the State of 
Missouri. 

2. All persons now holding any of the 
positions named in the foregoing article , wiio 
fail to take and subscribe the oath therein set 
forth, within thirty daj^s after the passage of 
this ordinance, or who may at any time 
have enrolled themselves as disloyal, shall 
thereafter cease to hold or exercise any of 
the duties or fimctions of these several sta- 
tions, and the proper courts may fill the 
vacancies that may be thus created in any 
board of trustees . 

3. Any person who may be convicted of 
taking the said oath falsely, shall be pun- 
ished as for perjury, in such manner as the 
Legislature may prescribe by law. 

On motion, the resolutions were read 
the second time and ordered to be referred 
to the Committee on Elective Franchise. 

Mr. Newgext presented the following 
petition from the loyal citizens of Platte 
county. Mo., which was read for informa- 
tion, viz: 

To the HonoraUe the President and onetnbers of 
the Convention of the State of Missouri : 

The undersigned, the loval citizens of i\\Q 
county of Platte. i-espectfuUy represent tliat 
the courthouse and jail of the said county 
have been destroyed by fire, and the County 



Court of said county desire soon to rebuild 
the same; that the seat of justice of the said 
county has been located at Platte City for 
more than ten years, and can not be removed 
except l^y the present oppressive and pro- 
hibitory law, or by ordinance of your honor- 
able body ; that the loyal men of the county , 
almost without exception, earnestly desire 
and now petition for an immediate and per- 
emptory removal and change of said seat of 
justice, and its permanent location in the 
city of Weston. 

The undersigned would further represent 
that, in consequence of Platte City ])eing 
situated in the interior of the county, and in 
the midst of a population almost unanimous 
against our national and State governments, 
among whom bushwhackers and guerrillas 
have " been persistently maintained, the 
records of the county are in constant danger 
of destruction so long as they are kept in 
said place, and loyal men are in danger at 
times when going to said place to examine 
the same, or "to attend the several courts. 
These bands of guerrillas have prevented the 
sessions of our courts at different times — 
have once arrested our Circuit Judge when 
attempting to hold court, and at our last fall 
term it was unsafe and impracticable to hold 
court without a constant escort of the court 
by a large military force . 

The present law prohibits the loyal men 
from removing the county seat, until they 
have paid the disloyalists for their property 
at the present county seat ; and as we do not 
desire to reward these for keeping the county 
seat so long in the hands of rebels ancl 
traitors, we do not propose to buy their 
property, which, in most cases, if justice 
were done, would be forfeited to the Govern- 
ment for treason. 

We therefore most earnestly pray your 
honorable body, wiiatever maj^ be your dis- 
inclination to this class of business, to do 
that for us which no other body can effect- 
ively and lawfully do . 

Weston, Jan. 9, 1865. 

(Signed by 908 names.) 

Mr. Newgent offered the follo^^ing reso- 
lution, which was not agreed to: 

Resolved. That the petition of the loyal 
citizens of Platte count}'^ be referred to a 
select committee ot five, to be appointed by 
the President, with instructions to inquire 
into the expediency of reporting an ordi- 
nance that will secure the object sought by 
said petitioners. 

Upon motion, the petition offered by Mr. 
Newgent was referred to the Committee on 
the Legislative Depiu-tment. 

Mr. Barr off'ered the following ordinance, 
which was read the first and second time, 
and referred to the Committee on the Judi- 
cial Department : 



44 



AN ORDIN^ANCE TO ABOLISH CERTAIX PENAL- 
TIES. 

Be it ordained hy the People of the State of 
Missouri, hy their Delegates in Convention 
assembled^ as follows : 

1. That all penalties and causes of action 
which may heretofore have accrued to, or 
which may have been incurred by , any per- 
son or persons, or by any incorporated com- 
pany, or body corporate, by reason of the 
violation of any statute in relation to the 
ti-ansportation of slaves, are hei-eby annulled 
and forever abolished ; and all suits now 
pending for the recovery, or enforcement of 
any and every penalty, or cause of action, 
are hereby declared to be abated. 

Mr. BuDD offered the following resolu- 
tion, which was adopted: 

Resolved, That the Committee on Printing 
be mstructed to cause 200 copies of all 
ordinances or other matter to be laid before 
the Convention, instead of 100 copies, as 
heretofore ordered.. 

Mr. Smith of Worth offered the following 
resolution : 

Resolved, That the Committee on Printing 
cause to be published 4,900 copies of the 
Ordinance of Emancipation, as engrossed, 
■\\dth the names of the members of the Con- 
vention, and vote of each member opposite 
his name, upon its passage, duly certified by 
the President and Secretary, for the use of 
the members of this body. " 

Mr. OwExs moved to amend the resolution 
by striking out "4,900" and inserting 
"71,000." 

Mr. Fletcher moved to lay the resolu- 
tion and amendment on the table . 

Upon this motion, the ayes and noes were 
demanded, and the vote being taken, stood 
as follows : 

Ayes — Messrs. Bush, Da^is of Xew 
Madrid, Drake, Esther, Evans, Fletcher, 
Fulkerson , Gamble , Gilbert of Lawrence , 
Gilbert of Platte, Green, Harris, Holland, 
Hume, King, Leonard, Linton, Martin, 
Morton, Nixdorf, Owen, Rankin, RohrerJ 
St. Gem, Sutton, Switzler, Thilenius, Wil- 
liams of Caldwell, and Williams of Scotland 
—29. 

XoES— Messrs. Barr, Bedford, Bonham, 
Budd, Childress, Clover, Cowden, Davis of 
Xodaway, Dodson, D'Oench, Ellis, Filley, 
Folmsbee, Grammer, Henderson, Holcomb, 
Husmann, McKernan. McPherson, Mack, 
Meyer, Mitchell, Xewgent, Peck, Smith of 
Mercer, Smith of Worth, Strong, Swearin- 
gen , and Mr . President — 29 . 

Absent — Messrs. Adams, Bunce, Foster, 
Gilstrap, Holdsworth, Hughes, and Weath- 
erby— 7 . 

So the motion to lay on the table was lost. 



On motion, Mr. Owexs* amendment was 
then rejected. 

The question then being on the adoption 
of the resolution offered by Mr. Smith of 
W^orth, Mr. St. Gem demanded the ayes 
and noes , which being taken , the vote stood 
as follows: 

Ayes— Messrs. Barr, Bedford, Bonham, 
Budd, Chilch-ess, Clover, Cowden, Davis of 
Xodaway, D'Oench, Ellis, Filley, Folmsbee, 
Fulkerson, Grammer, Henderson, Holcomb, 
Husmann, McKernan, McPherson, Mack, 
Martin, Mitchell, ^ewgent. Peck, Eohrer, 
St. Gem, Smith of Mercer, Smith of Worth. 
Strong, Sutton, Williams of Caldwell, and 
Mr. President— 32. 

Noes — Messrs. Bush, Davis of IS'ew 
Madi-id, Dodson, Drake, Esther, Evans, 
Fletcher, Gamble. Gilbert of Lawrence. Gil- 
bert of Platte, Green. Harris, HoUand, 
Hume, King, Leonard, Linton. Morton, 
Xixdorf, Owens, Rankin. Swearingen, 
Switzler, Tliilenius, and Williams of Scot- 
land — 25 . 

Absent — ^Messrs. Adams, Bunce, Foster, 
Gilstrap, Holdsworth, Hughes, Meyer, and 
Weatherby— 8. 

So the resolution, as offered by Mr. Smith 
of Worth, was adopted. 

Mr. Mack offered the following resolution, 
Avhich was read the tu-st and second time, 
and referred to the Committee on the Judi- 
cial Department : 

A RESOLUTION TO CREATE COURTS OF APPEAL. 

Resolved, That the Committee on the Ju- 
dic-ial Department be instructed to inquii-e 
into the expediency of creating courts ol 
appeal, said courts"^ to be composed of the 
judges of the circuit courts of the State; the 
State to be divided into districts; each dis- 
trict to consist of five judicial circuits; the 
judges of the said circuits to be the judges of 
the said courts of appeal, who shall" hear 
and determine all writs of error and appeal 
from the circmt courts of their districts: 
and that writs of error and appeals shall 
alone be taken from said courts of appeal 
to the Supreme Court of tins State. 

Mr. Green offered the following resolu- 
tion , winch was adopted : 

Resolved, That the regular hours for the 
assembling of this Convention shall be 10 
o'clock A. M. , and 3 o'clock p. m. 

Mr. Holland offered the foUoMing reso- 
lution : 

Resolved, That we most heartily approve 
of General Dodge's General Order No. 7, 
believing, as we do, that the onh' way to 
give to the loj^al people of Missouri "that 
security and protection to vrhich thej' are 
justly entitled, and which alone can secure 
the peace and prosperity of the State, is to 
hold the rebels, and theii* sympathizers at 



45 



home, to a rigid responsibility and account- 
ability for the outrages committed by their 
friends, the bushwhackers and rebel ma- 
rauders . And on behalf of the Union-loving 
people, we tender General Dodge our thanks 
for the decided step he has inaugurated, and 
pledo'e him a cheerful and cordial co-opera- 
tion ni carrying his order into effect through- 
out the State. 

Mr. Newgent moved the adoption of the 
resolution, and demanded the ayes and noes 
thereon, which being taken, the vote stood 
as follows : 

Ayes — Messrs. Barr, Bedford, Bonham, 
Budd, Bush, Childress, Cowden, Davis of 
Nodaway, Dodson, D'Oench, Drake, Ellis, 
Esther, Evans, Fletcher, Folmsbee, Fulker- 
son, Gamble, Gilbert of Lawrence, Gilbert 
of Platte, Gilstrap, Grammer, Green, Harris, 
Henderson, Holcomb, Holland, Hume, Hus- 
mann, King, Leonard, Linton, McKernan, 
McPherson, Mack, Martin^ Mitchell, Morton, 
Newgent, Nixdorf, Owen, Peck, Rankin, 
Rahrer, St. Gem, Smith of Mercer^ Smith 



of Worth, Strong, Sutton, Swearingen, 
Switzler, Thilenius, Williams of Caldwell, 
Williams of Scotland, and Mr. President — 55. 

Noes — None. 

Absent — Messrs. Adams, Bunce, Clover, 
Davis of New Madrid, Filley, Foster, Holds- 
worth, Hughes, Meyer, and Weatherby — 10. 

So the resolution was unanimously adopted. 

Mr. Dkake offered the following resolu- 
tion : 

Resolved, That the President of this Con- 
vention appoint a committee of thi-ee to wait 
on Major General Dodge, and present him 
with a copy of the resolution as offered by 
Mr. Holland this day, and unanimously 
adopted by this body. 

The resolution Avas adopted, and the 
President appointed Messrs. Drake, Hol- 
land, and Davis of Nodaway, as said com- 
mittee . 

On motion, the Convention adjourned until 
to-morrow at 10 o'clock. 



NIN-TH 13 A. Y 



WEDNESDAY, January 18th, 1865. 



Convention met pursuant to adjournment, 
the President in the chair. 

Prayer by Rev. Mr. Snead. 

Journal of yesterday's proceedings read. 

Mr. Gilbert of Lawrence stated that he 
was not absent, but voted in the affirmative 
for laying on the table the resolution offered 
by Mr. Smith of Worth, yesterday, relative 
to having the Ordinance of Emancipation 
printed. His vote was so ordered to be 
recorded, and the vote on that proposition 
then stood, 29 affirmative to 29 negative. 

Journal of proceedings approved. 

Mr. Drake called for the regular order of 
the day, being the article on Declaration of 
Rights. 

Upon motion of Mr. Strong, the Conven- 
tion resolved itself into a Committee of the 
Whole for the purpose of taking under con- 
sideration amendments to the Constitution. 
After some time spent therein, the Presi- 
dent resumed tlie chair, and Mr. Newgent 
reported that the Committee of the AVhole 
had, according to order, had under con- 
sideration amendments to the Constitution, 
and particularly the article on Declaration 



of Rights, but had come to no resolution 
thereon. 

Mr. Green, Chairman of the Committee 
on the Executive Department, presented the 
following report and accompanying article : 
To the President and Gentlemen of the Conveyi- 

tion : 

Your Committee on the Executive Depart- 
ment beg leave to submit herewith their 
report, wdiich has been in all particulars 
agreed to by the majorit}^ of the committee, 
two members of tlie conunittee dissenting 
therefrom only because of the employment 
of the word ' 'white" ' in two sections of the 
article. The majority reconunend tlie adop- 
tion of the article lie re with reported, as a 
part of the Constitution of tlie State. It 
will be perceived that we have made but few 
alterations in the article as it at present 
stands in tlie Constitution, preferring to 
adopt it as it is in every respect, where we 
did not deem a change ilecessary. 

All of which is most respectfnllv sub- 
mitted. M. P. GREEN, Chairman. 

St. Louis. January 18, 1805. 

article IV. 
Of the Execntire Power. 
Section 1. The supreme executive power 
shall be vested in a chief magistrate, who 



46 



shall be styled "The Govern jr of the State 
of Missouri." 

Sec. 2. The Governor shall be at least 
thirty-five years old, a white male citizen of 
the United States ten years, and a resident of 
the State of Missouri seven years, next before 
his election. 

Sec. 3. The Governor shall hold his office 
four years, and until a successor be duly 
elected and qualified. At the time and place 
of voting for members of the House of Rep- 
resentatives, the qualified electors shall vote 
for a Governor; and when two or more per- 
sons have an equal number of votes, and a 
higher number than any other person, the 
election shall be decided between them by a 
joint vote of both houses of the General As- 
sembly, at their next session . 

Sec. 4. The Governor shall be ineligible 
for the next four years after the expiration of 
his term of service. 

Sec. 5. The Governor shall be com- 
mander-in-chief of the militia and navy of 
this State, except when they shall be called 
into the service of the United States; but he 
need not command in person unless advised 
to do so by a resolution of the General As- 
sembly . 

Sec. 6. The Governor shall have power 
to remit fines and forfeitures, and, except in 
cases of impeachment, to grant reprieves 
and pardons. He shall take care that the 
laws be distributed and faithfuUj" executed, 
and shall be a conservator of the peace 
throughout the State. 

Sec. 7. The Governor shall, from time to 
time, o:ive to the General Assembly informa- 
tion relative to the state of the government, 
and shall recommend to their consideration 
such measm-es as he shall deem necessary 
and expedient. On extraordinary occasions 
he may convene the General Assembly by 
proclamation, and shall state to theni the 
purposes for which they are convened. 

Sec. 8. When any 'office shall become 
vacant, the Governor, unless otherwise pro- 
"\dded by law, shall appoint a person to fill 
such vacancy, who shall continue in office 
until a successor shall be duly elected or 
appointed, and quahfied according to law. 

Sec. 9. Every bill which shall have been 
passed by both houses of the Genei-al Assem- 
bly, before it become a law, shall be pre- 
sented to the Governor for his approba- 
tion. If he approve, he shall sio-n it; if 
not, he shall return it, with his objections, 
to the house in which it shall have origina- 
ted; and the house shall cause the objections 
to be entered at large on its journals, and 
shall proceed to reconsider the bill. After 
such reconsideration, if a majority of all the 
members elected to that house shall agi-ee to 
pass the same, it shall be sent, together with 
the objections, to the other house, by which 
it shall, in like manner, be reconsidered, 
and, if approved by a majority of all the 
members elected to that house, it shall 
become a law. In all such cases the votes of 
both houses shall be taken by ayes and noes ; 
and the names of the members voting for 



and against the bill shall be entered on the 
journals of each house respectively. If any 
bill shall not be returned by the Governor 
within ten days ( Sunday^ excepted ) after it 
shall have been presented to him, the same 
shall become a law in like manner as if the 
Governor had signed it, unless the General 
Assembly, by its adjournment, shall prevent 
its return; in which case it shall not become 
a law, unless the Governor, after such ad- 
journment, and within ten days after the bill 
was presented to him ( Sundays excepted ), 
shall sig-n and deposit the same in the office 
of the Secretary of State; in which case it 
shall become a law, in like manner as if it 
had been signed by him dming the session 
of the General Assembly . 

Sec. 10. Every resolution, to which the 
concurrence of the Senate and House of 
Eepresentatives may be necessary, except on 
questions of adjournment, and of amending 
this Constitution, shall be presented to the 
Governor; and, before the same shall take 
effect, shall be proceeded upon in the same 
manner as in the case of a bill. 

Sec. 11. The Governor shall, at stated 
times, receive for his services an adequate 
salary, to be fixexl by law, which shall 
neither be increased- nor diminished during 
his continuance in office. 

Sec. 12. ^.'here shall be a Lieutenant Gov- 
ernor, who shall be elected at the same time, 
in the same manner, for the same term, and 
shall possess the same qualifications as the 
Governor . 

Sec. 13. The Lieutenant Governor, by 
virtue of his office, shall be President of the 
Senate. In committee of the whole, he may 
debate on all questions; and when there is 
an equal division, shall g'ive the casting vote 
in the Senate, and also in joint vote of both 
houses. 

Sec . 14 . When the office of Governor shall 
become vacant, by death, resignation, ab- 
sence from the State, removal from office, 
refusal to qualify, impeachment, or other- 
wise, the Lieutenant Governor, or in case of 
like disability on his part, the President of 
the Senate pi^o tempore^ or if there be no 
President of the Senate pro tempore^ the 
Speaker of the House of Representatives 
shall possess all the powers and discharge 
all the duties of Governor, and shall receive 
for his services the like compensation, until 
such vacancy be filled, or the Governor, so 
absent or impeached, shall return, or be 
acquitted. xVnd if at any time the President 
of the Senate or Speaker of the House of 
Representatives shall be the acting Governor, 
another presiding officer shall be chosen 
in his place by the body over which he pre- 
sides . 

Sec. 15. Whenever the office of Governor 
shall become vacant by death, resignation, 
removal from office, or otherwise, the Lieu- 
tenant Governor, or other person exercising 
the powers of Governor for the time being, 
so soon as may be, shall cause an election to 
be held to fill such vacancy, gi\ang three 
months' previous notice thereof; and the 



47 



person elected shall not thereby be rendered 
ineligible to the office of Governor tor the 
next'succeeding- term . Nevertheless , if such 
vacancy shall happen within eighteen months 
of the end of the term for which the late 
Governor shall have been elected, no such 
election shall be held to fill such vacancy . 

Sec. 16. The Lieutenant Governor, or 
President of the Senate pro tempore^^ while 
presiding in the Senate, shall receive the 
same compensation as shall be allowed to 
the Speaker of the House of Representatives. 

Sec. 17. There shall be a Secretarj^ of 
State, a State Auditor, a State Treasurer, 
and an Attorney General, who shall be 
elected by the qualified voters of the State at 
the same time, in the same manner, and for 
the same term of office as the Governor. No 
person shall be eligible to either of said offices 
unless he be a white male citizen of the 
United States, and at least twenty-five years 
old, and shall have resided in this State five 
years next before his election. The Secre- 
tary of State, the Auditor, the State Treas- 
urer, and the Attorney General shall keep 
their respective offices at the seat of Govern- 
ment, and shall perform such duties as may 
be required of them by law. 

Sec. 18. The returns of all elections of 
Governor, Lieutenant Governor, and of other 
State officers, shall be made to the Secretary 
of State, in such manner as may be pre- 
scribed by law. 

Sec. 19. Contested elections of Governor 
and Lieutenant Governor shall be decided by 
joint vote of both houses of the General As- 
sembly , in such manner as may be prescribed 
by law . 

Sec. 20. Contested elections of Secretary 
of State, State Auditor, State Treasurer, and 
Attorney General, shall be decided before 
such tribunal and in such manner as may be 
by law pro\dded. 

Sec. 21. The Secretary of State shall, as 
often as maybe necessary, ])rocure the seal 
of State, with such emblems and devices as 
are now established by law, which shall not 
be subject to change. It shall be called the 
"Great Seal of the State of Missouri;" it 
shall be kept by the Secretary of State ; and 
all official acts "of the Governor, his appro- 
bation of the laws excepted, shall be thereby 
authenticated. 

Sec. 22. The Secretary of State shall keep 
a register of the official acts of the Governor, 
and, when necessary, shall attest them ; and 
shall lay copies of the same, together with 
copies of all papers relating thereto, before 
either liouse of the General ^Assembly , when- 
ever required to do so . 

Sec. 23. No money Sliall be drawn from 
the treasury but in pursuance of appropria- 
tions made by law; and an accurate account 
of the receipts and expenditures of the public 
moneys shall be published annually, and a 
strict accountability therefor enforced. 

Sec. 24. There shall be elected, by the 
qualified voters in each county, at the time 
and places of electing representatives, a 
sheriflt and a coroner. They shall serve for 



two years, and until a successor be duly 
elected and qualified, unless sooner removed 
for malfeasance in office, and shall be ineligi- 
ble four years in any period of eight years. 
Before entering on the duties of their office, 
they shall give security in such amount and 
in such manner as shall be prescribed by law. 
Whenever a county shall be hereafter estab- 
lished, the Governor shall appoint a sheriff 
and coroner therein, who shall continue in 
office until the next succeeding general elec- 
tion, and until a successor shall be duly 
elected and qualified. 

Sec. 25. Whenever vacancies happen in the 
office of sheriff or coroner, the same shall be 
filled by the county court, or other tribimal 
charged with the transactio!i of county busi- 
ness. If such vacancy happen in the office 
of sheriff more than nine months prior to 
the time of holding a general election, such 
county court, or other tribunal shall imme- 
diately order a special election to fill the 
same, and the person by it appointed shall 
hold office until the person chosen at such 
election shall be duly qualified; otherwise 
the person appointed by such county court, 
or other tribunal, as aforesaid, shall hold 
office until the person chosen at such general 
election shall be duly qualified. If a vacancy 
happen in the office of coroner, the same shal] 
befiiled, for the remainder of the term, by 
such county court or other tribunal. No 
person elected or appointed to fill a vacancy 
in either of said offices shall, thereby, be 
rendered ineligible for the next succeeding 
term . 

Sec. 26. In all elections for sheriff and 
coroner, when two or more persons have an 
equal number of votes, and a higher number 
than any other person, the presiding judge 
of the county court of the (county shall o-iye 
the casting vote ; and all contested elections 
for the said offices shall be decided by the 
circuit court of the proper county, in such 
manner as the General Assembl}^ may, by 
law, prescribe. 

Sec. 27. The Governor shall commission 
all officers not otherwise provided by law; 
but all such commissions shall run in the 
name and by the authority of the State of 
Missouri, be^ sealed with State seal, signed 
by the Governor, and attested by the Secre- 
tary of State. 

Mr. HusMANN, of the Committee on Ex- 
ecutive Department, submitted the follow- 
ing minority report: 

The undersigned, memliers of the Com- 
mittee on Executive, beg leave to submit the 
following minority report: 

We cordially agree with the majorit}' of 
the committee', in all the propositions sub- 
mitted by them to your honorable body, 
except in' including tlie single wortl * -white' ' 
in sections 2 and"2o of article -1, wliich avo 
wish to see omitted. In dilfering thus from 
the majority of the committee, we bt>g leave 
to state that we do so not from petty in- 
clination to cavil or strife, but bec^uise we 



48 



believe that one all-merciful God is the Father 
of all, and that, before Him, all men are 
equal; that we act in accordance with His 
will, as well as with the dictates of our con- 
science, and the views of our constituents, 
by protesting against any distinction, to be 
made in the organic law henceforth to govern 
tlie free State of Missouri, between white, 
black, red, or brown, but that ail are equal. 
We hold that we were not sent here to pan- 
der to a prejudice which may unfortunatelj" 
exist, but to deal equal justice to all, with- 
out regard to color. 

With aU due deference and kindly feeling 
toward the views of the other members of 
tlie committee, we beg leave to enter our 
most solemn protest against inserting the 
word ^ ' white ' ' in any of the articles of the 
new Constitution of our State, which we 
still hope and pray will be a model of justice 
to all. We are not afraid that a colored 
citizen will ever be an aspirant to the office of 
Governor, or any other State office ; but 
should it be so , should he — though sprung 
from a race systematically kept in ignorance 
by the tyranny of the white man — still be the 
superior of his white competitor, in qualili- 
cation or talent, we do not wish that he 
should be barred out because, unfortimately, 
his skin was not as white. 
All of wliich is respectfully submitted. 
GEOUGE HUSMANX, 
G. C. THILENIUS, 
Members of Committee on Executive. 



On motion, 200 copies of each report, 
with the accompanying Article, were or- 
dered to be printed for the use of the mem- 
bers . 

On motion, the Convention adjourned un- 
til 3 o'clock this afternoon. 



AFTERXOOX SESSION. 

Convention met pursuant to adjournment, 
Mr. President in the chair. 

A quorum being present, the Convention 
proceeded to business. 

On motion of Mr. Drake, the Convention 
resolved itself into a Committee of the 
Whole, to resume consideration of amend- 
ments to the Constitution. After some 
time spent therein the Vice President took 
the chair, and Mr. Boxham reported that 
the Committee of the Whole had, according 
to order, had under consideration amend- 
ments to the Constitution, and particu- 
larly the Article on Declaration of Rights, 
but had come to no resolution thereon. 

On motion, the Convention adjourned 
until 10 o'clock to-morrow morning. 



tenth; i3_a_y 



THUESDAi, January 19th, I860. 



Convention met pursuant to adjournment, 
the President in the chair. 

Prayer by the Rev. Mr. Fenton. 

Journal of yesterday's ijroceedings read 
\)j the Secretary and approved. 

Mr. BuDD presented a petition from the 
Rev. Dr. Eliot, praying for an ordinance 
to establish certain qualiiieations of voters in 
Missouri, which was read for information, 
and, on motion, referred to the Committee 
on Elective Franchise . 

Mr. Williams of Scotland i^resented five 
petitions from the Loyal Leagues of North 
jVIissouri, praying for a change in the judi- 
ciary system of Missomi; one of which 
was read for information, and they were, by 
order, referred to the Committee on Judi- 
ciary . 

On motion of Mr. Drake, the Convention 
resolved itself into a Committee of the 



Whole, to resume consideration of amend- 
ments to the Constitution. After some time 
spent therein, the President resumed th« 
chair, and Mr. Gilstrap reported that the 
Committee of the Whole had, according to 
order, had under consideration amendments 
to the Constitution, and particularly the 
article on Declaration of Rights, but had 
come to no resolution thereon. 

On motion, the Convention adjourned until 
3 ' clock this afternoon . 



AFTERNOON SESSION. 

Convention met iDursuant to adjom-nment, 
the President in the chair. 

A quorum being present, the Convention 
proceeded to business . 

On motion of ]SIr. Drake, the Convention 



49 



resolved itself into a Committee of the 
Wliole to resume cousideratiou of amend- 
ments to the Constitution. After some 
time spent therein, the President resumed 
the chair, and j\Ir. Budd reported that the 



order, had under consideration amendments 
to the Constitution, and particularly the 
article on Declaration of Eights, but had 
come to no resolution thereon. 

On motion, the Convention adjourned 
until to-morrow morning at 10 o'clock. 



ELEVENTH D^Y. 



FRIDAY, January 20th, 1865. 



Convention met pursuant to adjournment, 
the President in the chair. 

Prayer by the Rev. Dr. Post. 

Ml'. BoNHAM introduced the following 
ordinance on the confiscation of rebel prop- 
erty in this State for the use of the State ; 
also , the following preamble and resolutions : 

ORDINAKGE OF CONFISCATION. 

Section 1. All i^roperty, both real and 
personal, in this State, owned by any person 
or persons having a wife or issue of his own 
body alive, who has, since the commence- 
ment of the present rebellion, taken up arms 
against the General Government, or against 
the Provisional Government of this State, or 
who has aided and abetted the enemies 
thereof, by furnishing food or raiment, or 
munitions of war of any description what- 
ever, shall be confiscated to the State of Mis- 
som-i during the life-time of the owner 
thereof; and the Legislature shall pass laws 
to take possession of all such property, and 
dispose of the same for the benefit of the 
State. 

Sec. 2. All property, both real and per- 
sonal, owned in this State by any person or 
persons having neither wife hor issue of his 
own body alive, who has, since the present 
rebellion commenced, taken up arms against 
the Government of the United States, or 
against the Provisional Government of this 
State, or who has aided and abetted the ene- 
mies thereof by furnishing food or raiment 
of any kind or description whatever, is 
hereby confiscated to this State forever; and 
the Legislature shall pass laws to take pos- 
session of all such property, and sell or dis- 
pose of the same for thel)enefit of the State. 

Sec. 3. All property* both real and per- 
sonal, owned by any person or persons in 
this State who shall hereafter take up arms 
against the Government of the United States, 
or against the Government of the State of 
Missouri, or who shall hereafter aid or abet 
the enemies thereof in any manner or form , 
directly or indirectly, or who shall hereafter 
refuse to aid either government aforesaid in 
repelling invasion or suppressing rebellion, 

D 



shall be confiscated and forfeited to this State 
forever, and shall be disposed ol by the 
Legislature for the benefit of the State . 

Sec. 4. The net proceeds of aU iwoperty 
mentioned in this article shall inure to the 
benefit of education, and shall be applied to 
the support of schools, and be used for no 
other purpose whatever. 

Sec. 5. This ordinance shall not be of 
force until the Congress of the United States 
shall approve of the same, by joint resolu- 
tion, or otherwise. 



Whereas, A large number of wealthy citi- 
zens of this State, since the commencement 
of the present rebellion, have levied war and 
taken up arms against the Govei-nment of 
the United States and the Provisional Gov- 
ernment of this State, thereby denational- 
izing themselves by their own voluntary act, 
and by which they have forfeited all their 
rights under the Constitution and laws of the 
United States, and also under the Constita- 
tion and laws of Missouri ; and 

Whereas, Through the fiendish acts of 
disloyal persons , Missom-i has been brought 
to the verge of ruin, her loyal citizens have 
been tortured , mobbed and slain in the most 
barbarous manner, because they diu-ed to 
maintain and defend om- Natiomil Govern- 
ment; their houses have been sacked and 
burned, until Missouri has become one vast 
desolation, where rebels could gain a foot- 
hold; and 

Whereas, This Convention believes that 
our National GoverDinent is willing to do 
justice to all States that have been loyal to 
our national fiag ; and this Convention further 
believes that our Government has tlie right 
to confiscate rebel property; but, in justice 
to our depopulated State and financial condi- 
tion, and in justice to tlie loyal people of 
Missouri, lier Legislature should lla^'e the 
control and benefit of rebel property confis- 
cated during the life-time of the owner 
thereof, who has a wife or issue of his o^\ti 
body alive; and this Convention further be- 
lieves that property confiscated, owned by 
disloyal persons having neither wife nor issue 



50 



of his own body alive, justly belongs to the 
State of Missouri forever; and 

Whereas, This Convention does not intend 
to do any act conflictino' with existing laws 
of Congress on the subject of the confiscat- 
ing of property belonging to disloj^al persons 
of Missouri: be it therefore 

Resolved by this Convention, That our hon- 
orable Senators and members of the House 
of Representatives in Congress are requested 
to use all honorable means to procure the 
passage of joint resolutions by Congress, 
releasing to the State of Missouri all property 
owned in this State which has been confis- 
cated to the United States in pursuance of 
laws passed by Congress relative to the con- 
fiscation of property owned by disloyal per- 
sons, and that the proceeds of said property 
be applied to the objects set forth in an article 
for the confiscation of propertj^, passed by 
this Convention. 

Resolved, That an authenticated copy of 
these resolutions, accompanied bj^ an authen- 
ticated copy of an ordinance for the confisca- 
tion of property, passed by this Convention, 
be forwarded, by the Secretary of this Con- 
vention , to the President and \ ice President 
of the United States, one copy to the Speaker 
of the House of Representatives in Congress, 
and one copy to each of our Senators and 
members in Congress from this State . 

Mr. BoNHAM moved that the President ap- 
point a special committee of seven to take 
said ordinance and resolutions under consid- 
eration, and to report by ordinance, or 



Mr. Strong introduced a communication 
concerning rebel property in Lexington , La- 
fayette county, Missouri, and asked that it 
be referred to the same special committee 
that take under consideration the ordinance 
and resolution offered by Mr. Bonham; and 
the communication was ordered to be so 
referred. 



On motion of Mr. Drake, the Conven- 
tion resolved itself into a Committee of the 
Whole, to resume consideration of amend- 
ments to the Constitution . After some time 
spent therein, the President resumed the 
chair, and Mr. Leonard reported that the 
Committee of the Whole had, according to 
order, had under consideration amendments 
to the Constitution, and particularly tlie 
article on Declaration of Rights, but had 
come to no resolution thereon. 

On motion of Mr. St. Gem, the Con- 
vention adjourned until 3 o'clock P.M. 

AFTERXOOX SESSION. 

Convention met pursuant to adjournment, 
the President in the chair. 

Mr. Mitchell presented a petition from 
the Loj^al League of JSTorth Missouri, which 
was read and referred to the Committee on 
the Judiciarj'-. 

On motion of Mr. Drm^, the Conven- 
tion resolved itself into a Committee of the 
Whole, to resume consideration of amend- 
ments to the Constitution . After some time 
spent therein, the President resumed the 
chair, and Mr. Hume reported that the Com- 
mittee of the Whole liad, according to order, 
had under consideration amendments to the 
Constitution, and particularly the article on 
Declaration of Rights, but had come to no 
resolution thereon . 

On motion of Mr. St. Gem, leave of alj- 
sence was granted to Mr. Fletcher. 

On motion of Mr. Owens, the Conven- 
tion adjourned until to-morrow morning at 
10 o'clock. 



TW^ELFTH DA.Y 



Convention met pursuant to adjournment, 
the President in the chair. 

Prayer by the Rev. Mr. MccoUs. 

A communication and abstract received 
from Hon. Francis Rodman, Secretary of 
State , was read for information . 

On motion of Mr, Drake, the commu- 
nication and enclosed abstract were ordered 
to be spread upon the jom-nal of the Conven- 
tion. They are as tollows : 



SATLTIDAY, January 21st, 1865. 

Office Secretary of State. Missouri, I 
City of Jefferson, January 19, 1865. j 
Hon. A. Krekel, Pi^esidefit of the State Con- 
vention^ St. Louis, Mo. : 
Sir — In obedience to a resolution adopted 
by the State Convention. I have the lionor to 
submit the enclosed abstract of votes cast 
in the several counties of the State at the last 
November election • ' for " ' and ' ' against ' ' 
a ''State Convention,-' as returned to this 
oflice. A number of counties did not make 
any return at all, while others in their re- 



51 



turns only quoted the name of the persons 
elected to the Convention, without giving 
the number of votes cast either ' ' for ' ' or 
' ' against. ' ' The Fifteenth Senatorial Dis- 
trict, composed out of the counties Johnson, 
Henry, Benton and St. Clair, returned the 
vote ' ' for ' ' and ' *• against " a " State Con- 
vention," as cast in the whole Senatorial 
District, consequently I am not able to fur- 
nish the vote of these*^ counties separately. 

I have the honor to be, very respectfully, 
your obedient servant, 

FRANCIS RODMAN, Sec' y of State. 

Abstract of the votes cast "for" and "against" a 
"State Convention," at the November election, A. 
A . 1864, of the State of Missouri : 



Counties. 



Adair . ... 
Andrew.. 
Atchison. 



o 

576 
316 
625 



it! a 

124 

38 

5 

398 
20 



Counties. 



Audiian 128 

Barry.... 119 

Bates 27 

Barton 

Benton* 

Bollinger 128 

Boone 174 

Buchanan 1771 

Butler 

Caldwell 412 

Callaway 203 

Camden 439 

C. (Hrardeau.. 948 

Carroll 212 

Carter 

Cass 66 

Cedar 295 

Chariton 337 

Christian 306 

Clarke 393 

Clay 179 

Clinton 277 

Cole 1069 

Cooper 627 

Crawford ... . 377 

Dade 399 

Dallas 421 

Daviess 740 

DeKalb 303 

Dent 108 

Dodge 

Douglas 134 

Dunklin 

Franklin 1617 

Gasconade 7U 

Gentry 

Green 1651 

Grundy 643 

Harrison 1130 

Henry* 

Hickory 273 

Holt 525 

Howard 308 

Howell 

Iron 471 

Jackson 501 

Jasper 5 

Jefferson 917 

Johnson* 

Knox 586 

Laclede 142 

Lafayette 231 

Lawrence 525 

Lewis 765 

Lincoln 474 

* Aggregate vote of Fifteenth Senatorial 
District, composed of the counties of John- 
son, Henry, Benton, and St. Clajr,, 



25 
839 
763 

*74 
970 

8 

497 

79 

104 



1 
100 

776 

478 

414 

274 

11 

283 
180 



327 
120 



26 

187 

1 

75 
5 



12 

228 

339 
44 

402 

42 

541 

345 



Linn 

Livingston... 
McDonald.... 

Macon ., 

Madison 

Marion 

Maries ■ 

Mercer. 

Miller 

Miss^issippi ... 

Moniteau 

Monroe 

Montgomery . . 

Morgan 

New Madrid.. 

Newton 

Nodaway 

Oregon , 

Osage , 

Ozark 

Pemiscot 

Perry 

Pettis 

Phelps 

Pike 

Platte 

Polk 

Pulaski ■ 

Putnam 

Ralls 

Randolph . .. .. 

Ray , 

Reynolds 

Ripley 

St. Charles... 

St. Clair , 

St. Francois. 
St. Genevieve 

St. Louis 

Saline 

Schuyler 

Scotlaod .. .. , 

Scott 

Shannon , 

Shelby .,..,.,. 

Stoddard , 

stone ,,, 

Sullivan ...... 

Taney, 

Texas .,,.,.,, 

Vernon 

Warren 

Washington.., 

Wayne 

Webster,.,... 

Worth 

Wright .. 



682 
355 

26 
1301 
219 
9 3 
112 
959 
404 

39 
678 
105 
492 
214 

44 

55 
740 

586 



718 

70 

1064 

378 

616 



241 

307 



1486 
223 
137 
339 
13322 
177 
329 
678 
180 



697 



897 
441 
95 
318 
184 
5 



107 
446 

10 
58 
451 
128 



251 
410 
635 
227 
235 
97 



1 

910 

829 

69 



204 
315 



62 

182 

7263 

64 
194 
623 
142 

219 



261 

264 

14 

186 

84 
51 



56.418 26,832 



Office Secretary of State, \ 
City of Jefferson, Mo., Dec. 19, 1865. / 

I, Francis Rodman, Secretary of the State 
of Missouri, do hereby certify that the above 
and foregoing is a true and correct ab.stract 
of votes polled ' 'for' ' and ' 'against' ' aStat€ 
Convention, at the election held on the 8th 
day of November, A. D. 1864, as retuiTied 
and now on file in this office. 

In testimony whereof I have hereunto 
r 1 set my hand and affixed the seal of my 
L • -I office J the day and year above written. 
FRANCIS RODMAN. 

Secretary of Staxe. 

The following Special Committee on Con- 
fiscation w^as announced, viz. : Messrs. Bon- 
ham, Owens, Mack, Folmsbee, Gilbert of 
Platte, Holland, andDodson. 

On motion of Mr. Drake, the Conven- 
tion resolved itself into a Committee of the 
Whole, to resume consideration of amend- 
ments to the Constitution. After some time 
spent therein, the President resumed the 
chair, and Mr. Mitchell reported that the 
Committee of the Whole had , according to 
order, had under consideration amendments 
to the Constitution, and particularly the 
article on Declaration of Rights, but had 
come to no resolution thereon . 

On motion of Mr. Davis of Nodaway, 
the Convention adjourned until 3 o'clock 
P. M. 



AFTERNOON SESSION. 

Convention met pursuant to adjournment. 

On motion of Mi-. Drake, the Convention 
resolved itself into a Committee of the Whole, 
to resume consideration of amendments to 
the Constitution. After some time spent 
therein, the President resumed the char, and 
Mr. Folmsbee reported that the Commit- 
tee of the Whole had, according to order, 
had under consideration amendments to the 
Constitution,, and particularly the article on 
Declaration of Riglits, but had come to no 
resolution thereon. 

Mr. Meyer, Chairman of committee to 
employ suitable persons to report the pro- 
ceedings of this Convention, presented the 
following supplementary report: 

The Committee to employ a suitable per- 
son to report the proceedings and debates of 
tliis Convention, beg leave to make a supple- 
mentary report, ami wouUl recommemi that 
Mr. L. L. Walbridge, the reporter of the 



52 



Conveutioii, be authorized to employ such 
assistance as he may require, and that in 
compensation therefor he shall be allowed 
seventy dollars ( $70 ) per week for the time 
he is actually engaged in writing out the 
debates, revising and preparing the same for 
the press, after the adjournment of the Con- 
vention, and that the Committee to employ 
the reporter be authorized to audit his 
account. 

On motion of Mi-. Strong, the report was 
received and adopted. 

Mr. Williams of Caldwell asked leave of 
absence for two days , which was granted . 

Mr. Holland gave notice that he would 
introduce the following additional rule on 
Monday : 



Rule — . The rides of proceedings in the 
Convention shall be observed in Committee 
of the Whole so far as they be applicable, 
and no member shall speak twice to any 
question until every member choosing to 
speak, shall have spoken. 

Which was read, and laid over under the 
rule governing the Convention . 

Mr. FiLLEY rose to a privileged question, 
and gave an explanation as regards the 
amount of expenses, up to date, that have 
been incm-red by the Committee on Printing, 
for the Convention. 

On motion of Mr. Drake, the Convention 
adjourned till next Monday morning, at 10 
o'clock. 



THIRTEENTH D^Y. 



Convention met pursuant to adjournment, 
the President in the chair. 

Prayer by Rev. G. Anderson. 

The rule proposed by Mr. Holland, on 
Saturday, limiting debate in Committee of 
the Whole, was read a second time. 

Mr. BuDD offered the following amend- 
ment to the rule as proposed : 

Provided^ When a report of a committee 
is under consideration, the chairman of such 
committee shall be privileged to speak as 
often as he may deem expedient. 

Mr. Holland accepted the amendment. 

The question then being on the adoption of 
the rule as amended, it was rejected. 

Mr. Strong offered the following resolu- 
tion, which was adopted: 

Resolved, That Dr. W. G. Eliot be re- 
quested to deliver an address in this hall on 
Tuesday evening, the 24th instant, at 7^ 
o'clock, on the subject of "Education, as 
connected with the Right of Suffrage. ' ' 

Mr. Green asked leave of absence for Mr. 
Clover, which was granted. 

Mr. Weatherby asked leave of absence 
for Mr. Smith of Worth, which was granted. 

On motion of Mr. Drake, the Convention 
resolved itself into a Committee of the Whole, 
to resume the consideration of amendments 
to the Constitution. After some time spent 
therein, the President resumed the chair, and 



MO]V[DAY, J^^'UARY 23d, 1865. 

Mrw HoLCOMB reiDorted that the committee 
had, according to order, had under consid- 
eration amendments to the Constitution, 
and particularly the article on Declaration 
of Rights, but had come to no resolution 
thereon. 

On motion of Mr. Bonhajsi, the Convention 
adjourned imtil 3 o'clock P. M. 



AFTERNOON SESSION. 

Convention met pursuant to adjom'ument, 
the President in the chair. 

On motion of ]Mr. Drake, the Convention 
resolved itself into Committee of the Whole, 
to resume the consideration of amendments 
to the Constitution. After some time spent 
therein, the President resumed the chair, 
and jNIi'. Esther reported that the committee 
had, according to order, had under consid- 
eration amendments to the Constitution, 
and particularly the article on Declai*ation 
of Rights, but had come to no resolution 
thereon. 

On motion of IVIr. Martin, leave of ab- 
sence was granted to Mr. Adams. 

On motion of Mr. D'Oench, the Conven- 
tion adjourned until to-morrow morning at 
10 o'clock. 



53 



fourteenth: d^y. 



Couventiou met piu'suaiit to adjournment, 
the President in the chair. 

Prayer by Eev. Mr. Cole. 

On motion of ]VIi\ Bonham, the Conven- 
tion resolved itself into a Committee of the 
Whole, to resume the consideration of 
amendments to the Constitution. After 
some time spent therein, the President 
resumed the chair, and Mr. St. Gem re- 
ported that the Committee of the Whole 
had, according to order, had under con- 
sideration amendments to the Constitution, 
and particularly the article on Declaration 
of Eights, but had come to no resolution 
thereon . 

On motion of Mr. Bonham, the Conven- 
tion adjourned until 3 o'clock P. M. 

AFTERNOON SESSIO:Nr. 

Convention met pursuant to adjournment, 
the President in the chair. 
The President caused to he read a petition 



TUESDAY, January 24th, 1865. 

from the soldiers of the o6th regiment Mis- 
souri volunteers (colored), praying the Con- 
vention to extend to colored soldiers the 
right of sutfrage . 

On motion of Mr, Strong, the petition 
was referred to the Committee on Elective 
Franchise . 

On motion of Mr. Drake, the Convention 
resolved itself into a Committee of the 
Whole, to resume consideration of amend- 
ments to the Constitution. After some time 
spent therein, the President resumed the 
chair, and Mr. MoPherson reported that 
the Committee had, according to order, had 
under consideration amendments to the 
Constitution, and particularly the article on 
Declaration of Eights, but had come to no 
resolution thereon. 

On motion of Mr. Folmsbee, the Conven- 
tion adjourned until 10 o'clock to-morrow 
mornins". 



FIFTEEISTTH DA.Y. 



WEDISnESDAY, January 25th, 1SG5. 



Convention met pursuant to adjournment, 
the President in the chair. 

Prayer by Eev. Dr. Schuyler. 

Mr. HusMANN offered the follovving reso- 
lution , which was adopted : 

Resolved^ That the thanks of this Conven- 
tion are due, and are hereby tendered, to the 
Rev. Mr. Eliot, for the eloquent and able 
address on education, connected with the 
elective franchise, delivered here last night. 

On motion of Mr. Drake, the Convention 
resolved itself into a Committee of the 
Whole, to resume consideration of amend- 
ments to the Constitution. After some time 
spent therein, the President resumed the 
cliair, and Mr. Husmann reported that the 
Committee had, according to order, had 
under consideration amendments to the 
Constitution, and particularly the article on 
Declaration of Eights, but had come to no 
resolution thereon. 



On motion of Mr. Bonham, the Conven- 
tion adjourned unti 3 o'clock P. M. 

AFTEENOON SESSION. 

Convention met pursuant to adjournment, 
the President in the chair. 

On motion of Mr. Bonham, the Conven- 
tion resolved itself into a Committee of the 
Whole, to resume consideration of amend- 
ments to the Constitution. After some time 
spent therein, the President resumed tlie 
chair, and Mr. Davis of Nodaway reported 
that the Committee had, according to order, 
had under consideration amendments to the 
Constitution, and i)articulai-ly the article on 
Declaration of Eiglits, but hail come to no 
resolution thereon. 

On motion of Mr. Mack, the Conven- 
tion adjourned until 10 o'clock to-morrow 
morning. 



54 



SIXTEEN^TH DA^Y 



THURSDAY, January 26th, 1865. 



Convention met pursuant to adjournment, 
the President in the chair. 

Prayer by Rev. A. A. Kendrick. 

The President appointed the following 
g-entlemen as a Committee on Revision under 
the rule, viz. : Messrs. Drake, Evans, Bush, 
Ellis, and Strong-. 

Mr. Gajible asked and obtained leave of 
absence for Mr. Martin. 

Mr. BoNHAM offered the foUo^^ing pre- 
amble and ordinance relative to the Atchi- 
son and St. Joseph, and Atchison and 
Weston, and the Platte Country railroads, 
which was read the first and second time , 
and, on motion of Mr. Budd, referred to 
the Committee on Finance : 

Whereas, In the year , the Legisla- 
ture of this State incorporated the St. Josepli 
and Atchison railroad companies, and in 

the year , the Legislature incorporated 

the Atchison and Weston Railroad Com- 
pany; and^ whereas^ said comiDanies com- 
pleted apart of the road bed, or grade, to 
each of said roads ; and^ whereas, the Legis- 
lature, in the year* , incorporated the 

Platte Country Railroad Company, and 
authorized the issuing of seven hundred 
thousand dollars in State bonds, to aid in 
the construction of said road, both south and 
north of St. rJoseph; and^ whereas, the 
companies of the two former roads did trans- 
fer all their rights and franchises of said 
roads, together with the road beds alread}^ 
constructed, to the Platte Country Railroad 
Company; and^ whereas^ the Platte Coun- 
try Railroad Company took possession of 
said road beds , and, with the bonds issued 
by the State, completed said roads from St. 
Joseph to Atchison and Weston ; and^ 
whereas, the Platte Country Railroad Com- 
pany forfeited the right to' said road by the 
non -performance of "the conti-act with the 
State, in the neglect and refusal of said com- 
l)any to pay the interest on the State bonds; 
ajid, whereas, the State sold said road, in 
September last, under the mortgage lien of 
the State, and the State became the pur- 
chaser thereof; and, whereas, the Platte 
Country Railroad Company, after having 
complete authority over, and did control, 
said road, and recei\ing the earnings of the 
same for four years, claim, together with 
the other two companies, that the transfer 
of the franchises and road beds to said Platte 
Country Railroad Company was illegal and 
void ; therefore, 



Be it ordained hy the People of the State of Mis - 

soicri, in Coyivention assembled : 

Section 1. That all foreclosures of liens 
against railroad companies wherein State 
bonds have been issued to aid the same, and 
the State becomes the purchaser on the sale 
of foreclosure of mortgage, the State shall 
take, hold, and retain the possession of the 
same, until a sale of such road can be effected 
by the State. 

' Sec . 2 . That the transfer of the St. Joseph 
and Atchison Railroad Comj^anies' franchises 
and road bed, and also the transfer of the 
Atchison and Weston Railroad franchises 
and road bed, to the Platte Country Railroad 
Company, is hereby declared to be legal and 
binding \ipon each company, respectively, 
and the charters of all three of said compa- 
nies are hereby declared to be forfeited ; and 
the Legislature is hereby prohibited from 
compromising with either or all of said com- 
panies, unless the said company or (compa- 
nies pay to snid State, in Missouri Railroad 
Bonds,' or otherwise, the amount due tlie 
State as interest on said bonds , and in addi- 
tion thereto, said company or companies 
shall deliver to the State one year's interest 
on the seven hundred thousand dollars due 
the State, in advance, and thereafter, one 
year's interest shall be paid in advance, 
annually'. 

Mr. Williams of Caldwell offered a pre- 
amble and resolutions relative to the present 
draft, prajang to have the same stopped. 

Mr. Mack moved that the matter be 
referred to the Committee on Militia, which 
motion was disagreed to . 

Mr. Holland moved to refer it to a special 
committee of three. 

Pending which, Mr. Williams of Cald- 
well moved to amend the motion of Mr. 
Holland, by requiring said committee to 
report by Saturday morning next, at 10 
o'clock, which amendment was adopted. 

The motion, as amended, was then 
adopted. 

The President appointed the follo^\ing 
gentlemen as a special committee, to take 
under consideration the resolutions of Mr. 
Williams of Caldwell, ^iz: Messrs. Wil- 
liams of Caldwell, Holland, and Smil^i of 
Worth. 

Mr. St. Gem offered the following resolu- 
tion, which was referred to the Committee 
on Legislative Dei^artment: 



55 



Resolved, That all married women who are 
residents of the United States, and who are 
loval to the Government thereof, have the 
right to hold propert}' in their own name, 
both real and personal, independent of their 
husbands, and have the right to contract and 
be contracted with, independently of their 
said husbands. 

On motion of Mr. Budd, the Convention 
resolved itself into a Committee of the Whole 
to resume consideration of amendments to 
the Constitution. After some time spent 
therein, the President resumed the chair, 
and Mr. Foster reported that the committee 
had, according to order, had under con- 
sideration amendments to the Constitution, 
and particularly the article on Declaration 
of Eights, but had come to no resolution 
thereon . 

On motion of Mr. Davis of ISTodaway, 
the Convention adjourned until 3 o'clock 
P. M. 



AFTERNOON SESSION. 

Convention met pursuant to adjournment, 
the President in the chair. 

Mr. GiLSTRAP asked leave of absence for 
Mr. Green, wliich was granted. 

Mr. Davis of New Madrid asked leave of 
absence for Mr. Bedford, which was granted. 

On motion of Mr. Drake, the Convention 
resolved itself into a Committee of the 
Whole, to resume consideration of amend- 
ments to the Constitution. After some time 
spent therein, the President resumed the 
chair, and Mr. Weatherby reported, that 
the Committee had, according to orders , had 
under consideration amendments to the Con- 
stitution, and particularly the article on De- 
claration of Rights, and had instructed him 
to report the same back, with sundry 
amendments. 

Mr. Fletcher asked leave of absence for 
Mr. Owens, which was granted. 

On motion of Mr. Fletcher, the Conven- 
tion adjourned until 10 o'clock to-morrow 
mornnis:. 



SEVENTEENTH DA„Y. 



FRIDAY, January 27th, 1865. 



Convention met pursuant to adjournment, 
the President in the chair. 

Prayer by Rev. Dr. B. F. Crery. 

The preamble and resolutions relative to 
the taxation of foreigners and aliens, pre- 
sented by Mr. Meyer, and heretofore referred 
to the Committee on Elective Franchise, and 
by them reported back, w^as, on motion of 
Mr. BoNHAM, taken from the file, and 
referred to the Committee on Finance. 

The Convention then took up the Declara- 
tion of Rights; the pending question being 
on the amendments reported back from the 
Committee of the Whole to the Convention, 
and, upon which tlie main question was 
ordered to be put. 

The first amendment liaving been read, as 
follows : 

Section 3, ( printed bill ), insert after the 
word '"contract" the words '"otherwise 
than as others are disabUnl, ' ' 

The question was put, ' 'Will the Conven- 



tion agree thereto?" and it w\as decided in 
the aflirmati ve , without a division . 

So the first amendment w^as adopted. 

The second amendment having been read, 
as follows : 

Section 7, second line, strike out the 
w^ords "is not bound by any," and insert 
in lieu thereof the words "that no," and 
add at the end of said section the words 
' 'can have -mij binding force, ' ' 

The question w\as put, ' 'Will the Conven- 
tion agree thereto?" and it was decided in 
the affirmative, without a division. 

So the second amendment was adopted. 

The tlurd amendment liaving been read, as 
follows : 

Section 9, fourth line, after the word 
"Slate" the words "nor be disqualified 
from testifying," 

The question was put, ' 'Will the Conven- 
tion agree thereto?" and it was decided in 
the afiirmative, without a division. 

So the third amenihnent was adopted. 



56 



The foiu'tli amendment having been read, 
as lollows : 



Section 11, insert after the word 
the Avord ' ' chm'ch , ' ' 



•any 



The question was put, ' 'Will the Conven- 
tion agree thereto?" and it was decided in 
the affirmative, without a division. 

So the fom-th amendment was adopted. 

The lifth amendment having been read, as 
follows : 

Section 12, tliird line, insert after the word 
' 'any' ' tlie words ' 'clmrch or, " 

The question was put, ' ' WiU the Conven- 
tion agree thereto?" and it was decided in 
the affirmative , without a division . 

So the fifth amendment was adopted. 

The sixth amendment having been read , as 
foUows : 

Section 12, fourth line, strike out the word 
" suitable, " and insert the word " 'required," 

The question was put, ' 'Will the Conven- 
tion agree thereto?" and it was decided in 
the affirmative, mthout a division. 

So the sixth amendment was adopted . 

The seventh amendment ha-^dng been read , 
as follows : 

Section 13, eleventh line, strike out the 
word "a" and insert "an incorporated 
chm'ch, " 

The question was put, ' 'Will the Conven- 
tion agree thereto?" and it was decided in 
the affii'mative, without a division. 

So the seventh amendment was ado^Dted. 

The eighth amendment having been read, 
as follows : 

Section 13, ninth and tenth lines, strike 
out the words ' 'without the i^rior or subse- 
quent sanction of the General Assembly, ' ' 

The question was put, ' 'Will the Conven- 
tion agree thereto?" and it was decided in 
the affirmative, without a division. 

So the eighth amendment was adopted. 

The ninth amendment ha^dng been read, 
as foUows : 

Section 13, eleventh line, after the v/ord 
"•congregation," insert the words "or to 
any person or persons, in trust, for the use 
of a church, religious society, or congrega- 
tion, whether incorporated or not, ' ' 

The question was put, ' 'WiU the Conven- 
tion agree thereto?" and it was decided in 
the afrh'mative , without a division . 

So the ninth amendment was adopted. 



The tenth amendment having been read, 
as follows : 

Section 14, strike out the word "shall" 
and insert the words ' 'ought to, " 

The question was put, '• 'Will the Conven- 
tion agree thereto?" and it was decided in 
the affirmative, without a division. 

So the tenth amendment was adopted. 

The eleventh amendment having been read, 
as follows : 

Section 17, strike out all after the word 
' 'inviolate,' ' 

The question was put, ' 'Will the Conven- 
tion agree thereto?" and it was decided in 
the affirmative, ^\ithout a di\dsion. 

So the eleventh amendment was adopted. 

The twelfth amendment ha^dng been read, 
as follows : 

Section 18, fifth line, strike out the words 
' ' of the vicinage , ' ' 

The question was put, ' 'WUl the Conven- 
tion agree thereto?" and it was decided in 
the affirmative, without a diAdsion. 

So the twelfth amendment was adopted. 

The thirteenth amendment having been 
read, as follows: 

Section 26, strike out the words "or for- 
feiture of estate , ' ' and insert in lieu thereof 
the words "that there can be no forfeiture 
of estate for any crime except treason, ' ' 

The question was iDut, ' 'Will the Conven- 
tion agree thereto?" and it was decided in 
the affirmative , without a division . 

So the thirteenth amendment was adopted. 

The fourteenth amendment having been 
read, as foUows: 

Strike out all of section 30, 

The question was put, ' 'WiU the Conven- 
tion agree thereto?" and it was decided in 
the affirmative, A^dthout a division. 

So the fourteenth amendment was adopted. 

The fifteenth amendment having been read, 
as follows : 

Section 31, strike out the word "shaU," 
and insert in lieu thereof the vrords ' 'ought 
to," 

The question was put, ' 'Will the Conven- 
tion agree thereto?" and it was decided in 
the afih-mative, without a division. 

So the fifteenth amendment was adopted. 

The sixteenth amendment having be«n 
read, as foUows: 

Section 32, strike out the word "shall," 
after the vrord "distinction," and insert in 
Ueu thereof the word ' 'can, ' ' 



57 



Tlie qiies-tiou was put, • 'Will the Conven- 
tion agree thereto?" and it was decided in 
the affirmative, without a division. 

So the sixteenth amendment was adopted. 

The seventeenth amendment having been 
read, as follows: 

Section 32, strike out all^after the word 
"granted," 

The question was put, ' 'Will the Conven- 
tion agree thereto?" and it was decided in 
the affirmative, without a division. 

So the seventeenth amendment was 
adopted . 

The eighteenth amendment having been 
read, as follows: 

Section 33, first line, strike out the word 
' 'shall, ' ' and insert in lieu thereof the words 
"ought to," 

The question was put, ' 'Will the Conven- 
tion agree thereto?" and it was decided in 
the affirmative, without a division. 

So the eighteenth amendment was adopted. 

On motion of Mr. Drake, the further con- 
sideration of the Declaration of Eights was 
postponed, in order to have the same print- 



ed, with the amendments thereto, for the 
use of the Convention, and that the same be 
made the special order for February 2, 1865. 
On motion of Mr. Evans, the Convention 
adjourned until 3 o'clock P. M. 



AFTERNOON SESSION. 

Convention met pursuant to adjournment, 
the President in the chair. 

On motion of Mr. Drake, the Convention 
resolved itself into a Committee of the Whole, 
to resume the consideration of amendments 
to the Constitution. After some time spent 
therein, the President resumed the chair, and 
Mr. King reported that the committee had, 
according to order, had under consideration 
amendments to the Constitution, and partic- 
ularly the article on Elections , Qualifications 
of Voters , Officers , and others , but had come 
to no resolution thereon . 

On motion of Mr. D'Oench, the Conven- 
tion adjourned imtil 10 o'clock to-morrow 
morning. 



eighteenth: d^y. 



Convention met piu-suant to adjournment, 
the President in the chair. 

Prayer by Rev. Mr. Osborn. 

Mr. Holland, from the committee to 
take under consideration the preamble and 
resolution offered hy Mr. Williams of Cald- 
well, relative to the draft, moved that the 
time for said committee to report be extended 
till Monday next, at 10 a. m., which was 
agreed to . 

On motion of Mr. Drake, the Convention 
resolved itself into a Committee of tlie Whole, 
to resume the considei-ation of amendments 
to the Constitution . After some time spent 
therein, the President resumed the chair, and 
]Sii-. Gamble reported that the Connnittee 
of the Whole had, according to order, had 
under consideration amendments to the Con- 
stitution, and particularly the article on 
Elections, and Qualifications of Voters, 
Ofiicers, and others, but had come to no 
resolution thereon. 



SATURDAY, January 28th, 1865. 

On motion of Mr. Filley, the Convention 
adjourned until 3 o'clock P. M. 



AFTERNOON SESSION. 

Convention met pursuant to adjournment, 
the Vice President in the chair. 

On motion of Mr. Strong, Mr. Bonham 
was added to the Committee on Finance. 

Upon request of Mr. Peck, leave of ab- 
sence was granted to him. 

On motion of Mr. Bonhan, the Convention 
resolved itself into a Committee of the Whole, 
to resume consideration of amendments to 
the Constitution. After some time spent 
therein, the Vice President resumed the 
chair, and Mr. S.aiith of Mercer reported 
that, according to order, the Connnittee of 
the Whole had had under consideration 
amendments to the Constitution, and par- 
ticuLu'ly the article on Elections and Quali- 



58 



cations of Voters, Officers and others, but 
had come to no resolution thereon . 

On request of Mr. Hughes, leave of ab- 
sence was granted him. 

On motion of JSLr. Linton, leave of ab- 
sence w^as o^ranted to Mr. Budd. 



On request of IMi*. Switzler, leave of ab- 
sence was granted him. 

On motion of Mr. Davis of Nodaway, the 
Convention adjourned until Monday morning 
next, at 10 o'clock. 



isriisrETEEisrTH: da.y 



MONDAY, January 30th, 1865. 



Convention met pursuant to adjom-nment, 
Mr. President in the chau*. 

Prayer by the Rev. Dr. Eliot. 

Mr. Williams of Caldwell, Chairman of 
the committee to take under consideration 
the preamble and resolutions offered by him 
relative to the draft, reported progress, and 
asked leave to have the time for said com- 
mittee to report extended till Tuesday, Jan- 
uary 31, at 10 o'clock a. m., which was 
agreed to. 

On motion of Mr. Smith of Worth, leave 
of absence was granted to Islr. Yveatherby 
for two days . 

Mr. Holland offered the following reso- 
lution, which w^as adopted: 

Resolved, That hereafter this Convention 
win meet at half-past o'clock a. m., and 
half-past 2 o'clock p. m. 

Mr. Newgent off'ered the following reso- 
lution, which was rejected : 

Itesolved, That the Committee on Judiciary 
be, and are hereby instructed to report ill 
relation to the ordinance entitled ''An ordi- 
nance for the protection of citizens and 
soldiers," on Tuesday, Januarj^ 31. at 10 
o'clock A. M. , and that it be the special order 
for that day. 

On motion of Mr. Drake, the Convention 
resolved itself into a Committee of the 
Whole, to resume consideration of amend- 
ments to the Constitution. After some time 
spent therein, the President resumed the 
chair, and Mr. Ellis reported that the Com- 
mittee of the Whole had. according- to order, 



had under consideration amendments to the 
Constitution, and particularly the article on 
Elections and Qualifications of Voters, Offi- 
cers and others , but had come to no resolution 
thereon. 

On motion of Mr. Filley, the Conven- 
tion adjourned until half-i^ast 2 o'clock 
P. M. ' 



AFTERNOON SESSION. 

Convention met pursuant to adjournment, 
the President in the Chair. 

Mr. Foster requested that leave of ab- 
sence be granted him for four days: which 
was granted. 

On motion of Mr. Newgent, leave of 
absence was granted to Mr. Swearingen. 

On motion of Mr. Drake, the Convention 
resolved itself into a Committee of the 
Whole, to resume consideration of amend- 
ments to the Constitution. After some time 
spent therein, the President resumed the 
chair, and Mr. Folmsbee reported that the 
Committee of the Whole had, according to 
order, had under consideration amendments 
to the Constitution, and particularly the 
article on Elections and Qualifications of 
Voters, Officers and others, but had come 
to no resolution thereon 

On motion of j\Ii'. Filley, the Convention 
adjourned until to-morrow morning at half- 
past 9 o'clock. 



59 



TA\^E]SrTIETH D^Y. 



TUESDAY, January 31st, 1865. 



Convention met pursuant to adjournment, 
the President in the chair. 

A communication and resolution relative 
to suftrage, received from Mr. Ferdinand 
Meyer, chairman of a meeting held January 
29, 1865, at Turner Hall, was read for in- 
formation, and, on motion, laid on the table. 

Mr. Williams of Caldwell offered the fol- 
lowing- report in connection with a memorial 
to the President of the United States, and, 
also a memorial to Colonel E. B. Alexander, 
Provost Marshal General of Missouri, which 
were received and read, and, on motion of 
Mr. Drake, ordered to he printed for the 
use of the Convention : 

Mr. President — The special committee 
appointed to memorialize the President of 
the United States, concerning our quota and 
the coming draft, beg leave to make the 
following report : 

We have had the matters referred to us 
under careful consideration, and find that 
notwithstanding corrections are being con- 
stantly made in our enrollments, and that 
our quotas are assigned from the latest cor- 
rected returns, and not from any original 
enrollment, still, our enrollments, which 
were largely in excess of our available arms- 
bearing population, when first made, have 
never been fully corrected , and w^e are con- 
strained to believe that a correct enrollment 
would show a totiil much less than the num- 
bers apparent on oar present roll; we, there- 
fore, recommend the adoption of the accom- 
panjdng memorials to the President of the 
United States and the Assistant Provost 
Marshal of Missouri. 

All of which is respectfully submitted. 
J. WILLIAMS, ') 
W. S. HOLLAND, \ Comviittee . 
E. SMITH, J 

Small Hall, Mercantile Library, 
St. Louis ^ Mo., January 31, 1865. 

His Excellency Abraham Lincoln , President 

of the United States : 

The Constitutional Convention, now in 
session in St. Louis, on behalf of the people 
of Missouri beg leave respectfully to repre- 
sent that, after a very patient and careful 
investigation into the number of soldiers we 
have furnished the Government, and the 
probable arms-bearing population of the 
State at the present time, we think we are 
justified in submitting for your consideration 
the following facts: 

At the Presidential election in 1860. this 
State gave a total vote of 165,518, which has 



been diminished by the rebels going south, 
by the bushwhackers, by the Union men 
murdered at their homes, by the soldiers 
who have died in the service, hy all the dis- 
loyal who have gone to other States to escape 
militarj^ duty in this, and by all the Union 
men who have been compelled to seek refuge 
in other States, because they could not safely 
live here . 

Notwithstanding all these heavy drains on 
our population, we have furnished, up to 
December 31, 1864, to the Government, 
83,466 men; but these heavy drains have 
rapidly reduced our population, as is clearly 
shown by the election returns of the last 
Presidential election, at which we only polled 
103,302 votes, or 62,216 less than at the 
beginning of this war. 

Our present enrollment represents this 
State as having, subject to military duty, 
158,915, to which add the number of soldiers 
now in the United States service, about 
38,000, w-hich foots up 196,915, or 31,397 
more than we had voters at the outbreak of 
this rebellion, notwithstanding we have 
sustained a loss of 62,216 voters. 

Now, again, take the vote of November 
8, 1864, which was 103,302; subtract from 
this our soldier vote, which can not be ar- 
rived at precisely, but we put it at the low 
estimate of 16, 000, which leaves our ci\il 
voting strength at 87,302, or 71,613 less than 
our enrollment. 

These figures , wiiich imply that we have 
almost twice as many fighting men as voters, 
clearly demonstrate,' as we think, that our 
present enrollment is largely in excess of 
our real arms-bearino- population. 

This excess is attributable to the fact that 
at the time of our first enrollment many 
thousands of rebels in the rebel armj' and in 
the bush were enrolled because their fami- 
lies were here ; and manj^ thousands of LTnion 
men and i-ebels have changed their homes 
since, wdiich changes have not yet been noted 
on our enrollments, owing to the difficulty 
of getting corrections made . 

While we are proud to say that, so far as 
our loyal people are concerned, there is not 
in this government a more Union-loving 
people, or a people who are more willing to 
give the last man and the last dollar, if 
necessary, to sustain the government, yet 
we wish'to call your attention to the peeuliar 
and suflering condition of the people of this 
State. 

You will bear in mind that at the begin- 
ning of the second year of this war nhnost, 
if not (|uite, half of our people were disU"»yal, 
and the men wlio have been cheerfully given 
to till up the l.^nion armies liave been taken 
almost exclusively from tlie Union element — 
Ihe disloval going either to the rebel armv. 



60 



into the brusli, to otlier States to avoid militia 
duty, or remaining at liome, protected by 
the Federal arms, and fearing nothing from 
rebels or bushwhackers . 

Om- Union men have not only cheerfully 
gone into the Federal armies — they have 
also done all the efficient militia service 
in the State, which has. at times, required 
the active ser\ice, in the field, of every 
able-bodied Union man in the State;. 
and with all the Federal forces w^e have 
had, assisted by the militia of the State 
and at times by thousands of Union citizens 
not subject to militarj^ duty, we have not 
been able to aflibrd that protection to Union 
men which would make them secure in 
their persons and property; m consequence 
of which thousands of them have left their 
homes and gone to seek that security and 
safety- in other States which we are unable to 
aff"ord them in this ; and large numbers are 
now fixing to leave difiereiit parts of the 
State, because of the troubles apprehended 
during the coming summer and fall. From 
m.any counties the Union men have gone into 
the service until the few left among the many 
rebels have no adequate power to protect 
themselves . 

If the draft could take laro-ely from the 
disloyal population, which has furnished 
very few men, we could fill our present 
quota and then feel stronger and more secure 
than we do now; but most of the rebels di-afted 
either furnish loyal substitutes, or run off" to 
evade the service, and hence nearly all the 
men fm-nished are from the Union ranks . 

We need ever}^ loyal man within our 
borders for hom'e protection, they being 
the only iDortion of our population worth 
any thing for militia senice or home 
defense . 

Every loyal Missourian is a soldier, and 
they, knowing our country, the people, and 
om-^ wants , are worth a great deal more for 
our i)rotection from guerrillas than any 
soldiers from abroad can be. 

We do not require any special favors to 
keep our loyalty alive, but in ^iew of the 
past, present and prospective sufferings of 
the loyal people of Missouri — she being a 
weaker and more afflicted sister in the great 
family of States — we almost feel that we have 
a right to expect to be ti-eated ^ith a little 
more tenderness and favor than some of our 
stronger sisters . 

In conclusion, while we feel that our own 
safety requires the complete organization 
and co-operation of every Union man in the 
State, at home, still we^A\ill not ask to be 
excused from a draft if, in your judgment, 
the good of the nation requires it. We do, 
however, most respectfully ask that the 
draft may be suspended until we can have a 
complete and thorough re-enrollment of the 
State made wherever it is necessary. And 
we would further ask, if not inconsistent 
with the public good, that Missouri soldiers 
may be assigned to the duty of protecting 
her borders . 



Small Hall, Mercaxtile Library, \ 
St. Louis, January 30, 1865. j 

Colonel E. B. Alexander, Provost Marshal 
General of Missouri : 

The Constitutional Convention now assem- 
bled in the city of St. Louis, kno^^ing that 
in a great many counties in this State the 
original enrollments included numbers of 
men then in the rebel army and in the bush, 
as well as every class and condition of the 
physically disabled ; and that great numbers 
have left the State since they were enrolled ; 
and that, owing to the great distance of 
many counties "from the headquarters of 
boards of enrollment, and the consequent 
trouble and expense to individuals of getting 
their names stricken from the rolls, persons 
who are clearly entitled to exemption, if 
drafted, can not be expected to be at the 
trouble and expense of going to the board 
for examination; and the coiTCCtions of the 
rolls, being the business of everybody, have 
to a great" extent been neglected by every- 
body; therefore, that this important matter 
may not be left to chance, we have to ask 
that, if within your power, you will send to 
every county in the State, where it has not 
been done, an enrolling board, vrho can pass 
not only on the non-residence and alienage 
of ]:iarties, but also on their physical disa- 
bilities . 

On motion of Mr. Drake, the Convention 
resolved itself into a Committee of the Whole, 
to resume consideration of amendments to 
the Constitution. After some time spent 
therein, the Vice President resumed the 
chair, and Mr. Nixdorf reported that the 
Committee of the Whole had, according to 
order, had under consideration amendments 
to the Constitution, and particularly the 
article on Elections, and Qualifications of 
Voters, Officers, and others, but had come 
to no resolution thereon. 

iSlx. Owens introduced a communication 
from citizens of Lafayette county, Missomi, 
addressed to his excellency Gov. Fletcher, 
relative to deposing certain county officers 
of that county, vfho are alleged to be dis- 
loyal, and moved that it be referred to the 
Committee on the Judiciary, which was 
done 

On motion of Mr. Meyer, the communi- 
cation and resolutions introduced by him this 
day were taken from the table, and referred 
to the Committee on the Legislative Depart- 
ment. 

On motion of Mr. D'Oexch, the Con- 
vention adjom-ned until half-past 2 o'clock 
P. M. 



61 



AFTERNOON SESSION. 

ConYention met pursuant to adjournment, 
tlie President in the chair. 

On motion of IVli*. Drake, the Convention 
resolved itself into a Committee of the Whole 
to resume consideration of amendments to 
the Constitution. After some time spent 
therein, the President resumed the chair, 
and Mr. Bo^^ham reported that the Commit- 
tee of the Wliole had, according to order, 



had under consideration amendments to the 
Constitution, and particularly the article 
on Elections and Qualifications of Voters, 
Officers and others, but had come to no 
resolution thereon. 

Mr. Hume asked that leave of absence be 
granted him for five days, which was 
granted . 

On motion of Mr. Gilstrap, the Conven- 
tion adjourned until half-past 9 o'clock 
to-morrow morning:. 



T^^^^E]S^TY-FIIlST DA-Y. 



Convention met pursuant to adjournment, 
the President in the chair. 

Prayer by the Rev. Mr. Pettigrew. 

Mr. Martin offered a petition from the 
loyal citizens of Pike county, signed by 
forty-seven names, asking that the Ordi- 
nance of Emancipation, as passed by the 
Convention, be made irrevocable ; which was 
read for information, and laid on the table. 

Mr. Newgent, Chairman of the Commit- 
tee on the Militia, presented the foUomng 
report, which was read, and, on motion of 
Mr. Meyer, ordered to be printed for the 
use of the Convention : 

article — . 

Militia. 

All male inhabitants of the State of Mis- 
souri, who are citizens of the United States, 
or who have declared their intention of be- 
coming citizens of the United States , between 
the ages of eighteen and forty-five years, 
shall be liable to military duty. The militia 
shall be divided into two classes, as follows : 

First class shall consist of all persons sub- 
ject to military duty, between the ages of 
eighteen and "twenty-three years, and all 
such unmarried persons between the ages of 
twenty-three and thirty-five years, and shall 
be styled the ' ' National Guards . ' ' 

Second class shall consist of all unmarried 
persons, subject to military duty, between 
the ao-es of thirty-five and forty-five years, 
and all such married persons between the 
ages of twenty-three and forty-five years, 
and shall be styled the ' "Reserve. ' ' 

The Lecrislature may provide, by law, for 
the organization of independent companies, 
battalions, regiments, or brigade. 

Company officers shall be elected by the 



WEDNESDAY, February 1st, 1865. 

written ballots of the members of their 
respective companies . 

All other officers shall be appointed by the 
Governor, by and with the advice and con- 
sent of the Senate. 

Commanding officers of battalions, regi- 
ments, or brigades, shall select their respec- 
tive staff' officers. 

No officer shall receive a commission until 
he shall have passed an examination before a 
Military Board, appointed hj the Governor 
for that purpose, under such regulations as 
the Le^slature may prescribe . 

The Leo-islature shall provide, by law, for 
the discipline of the militia, and the payment 
of the same when called into actual service . 

There shall be no exemptions except of 
United States mail carriers, and in cases of 
excessive physical disability. 

There shall be no military grade hio-her 
than that of a Brigadier General ; nor shall the 
number of Brigadier Generals exceed eight. 

On motion of Mr. Folmsbee, leave of 
absence was granted the Sergeant-at-arms 
for four days . 

Mr. St. Gem asked leave of absence for 
himself for six days, which was granted. 

Mr. Peck stated that his colleague, Mr. 
Sutton, was detained from his seat on account 
of sickness. 

On motion of Mr. Holland, the Conven- 
tion resolved itself into a Committee of the 
Whole, to resume consideration of amend- 
ments to the Constitution. After some time 
spent therein, the President resumed the 
chair, and Mr. Meyer reported that the 
Committee had, according to order, had 
under consideration amendments to the Con- 
stitution, and particularly the article on 



62 



Executive Powers, but had come to no reso- 
lution thereon. 

Mr. Williams asked leave of absence for 
his colleague, Mi'. Barr, who was at home 
sick; leave was granted. 

On motion of Mr. Folmsbee, the Conven- 
tion adjourned until half-past 2 o'clock 
P. M. 

AFTEEXOON SESSION. 

Convention met pursuant to adjournment, 
the President in the chair. 
On motion of Mr. Holland, the Conven- 



tion resolved itself into a Committee of the 
"VVliole, to resume the consideration ot 
amendments to the Constitution. After 
some time spent thereui, the President re- 
sumed the chair, and Mr, Bush reported 
that the committee had , according to order , 
had under consideration the amendments to 
the Constitution, but had come to no resolu- 
tion thereon. 

On motion of Mr. Weatherby, the Con- 
vention adjourned until to-morrow morning 
at half-past 9 o'clock. 



TV^^ENTY-SEOOND Di^Y. 



Convention met pursuant to adjournment, 
the President in the chair . 

Prayer by Rev. John McClean. 

Mr. Drake presented a petition signed by 
ninety-four colored citizens of St. Louis, 
asking the Convention to extend to them the 
elective franchise, which was read for in- 
formation, and, on motion of Mr. Strong, 
referred to the Committee on the Elective 
Franchise. 

Mr. Mack oftered the follo\^ing resolution, 
providing for the future amendment of the 
Constitution: 

Resolved^ That the General Assembly may, 
at any time, propose to the people such 
amendments to this Constitution as two- 
thirds of each house shall deem expedient; 
and such amendments shall be published in 
the newspapers of the State six months pre- 
vious to the next general election. And at 
the next general election the qualilied voters 
shall vote for or against such amendment or 
amendments; and' if a majority of all the 
votes cast shall be in favor of such amend- 
ment or amendments, thej' shall be valid to 
all intents and purposes, as part of this 
Constitution. 

On motion of Mr. Mack, the resolution 
was referred to the Committee on Amend- 
ments to the Constitution . 

Mr. Owens offered the following resolu- 
tion, which, on motion of Mr. Drake, was 
referred to the Committee on Printing: 

Resolved. That the Committee on Printing 
be, and they are hereby, instructed to adver- 
tise for and receive bids for the printing of 



THUESDAY, February 2d, 1865. 

the proceedings of this Convention — five 
thousand copies of the same to be printed; 
the bids shall specify the price per thousand 
ems for composition, the price per ream for 
white paper, and the price per token of two 
hundred and forty impressions, octavo forms 
(eight pages), and the price per volume for 
iDinding in strong paper covers; and the 
same sliall be let to the lowest bidder, the 
bidder giving bond in the sum of ten thou- 
sand dollars for the faithful performance of 
the work. 

Mr. Owens moved to postpone the special 
order of to-day, being the Bill of Rights, 
until Tuesday next; which motion was' 
agreed to . 

On motion of Mr. Drake, the Convention 
resolved itself into a Committee of the Whole, 
to resume consideration of amendments to 
the Constitution. After some time spent 
therein, the President resumed the chair, 
and ^Ir. Bunce reported that the committee 
had, according to order, had under consid- 
eration amendments to the Constitution , and 
particularly the article on Elections, and 
Qualifications of Voters, Officers, and others, 
but had come to no resolution thereon. 

On motion of Mr. D'Oench, the Conven- 
tion adjourned until half-past 2 o'clock 
P. M. 



AFTERNOON SESSION. 

Convention met pursuant to adjournment, 
the President in the chair. 
Mr. Bush, chairman of the Committee on 



63 



Banks, presented the following report, which 
was read, and two hundred copies ordered to 
be printed for the use of the Convention : 

The Committee on Banks, to which was 
referred the eighth article of the Constitu- 
tion, has had the same under consideration, 
and instructed me to report that, in the 
opinion of your committee, a change in 
regard to the creation and turther contin- 
uance of banks in this State is demanded 
alike by the almost unanimous voice of its 
loyal citizens against those banks, and by 
the patriotic desire to support the nation and 
G^ernment in the creation of a national 
s^em of banking. Upon examination of 
the subject of banks, as corporate bodies, 
your committee found that the provisions 
concerning other corporations are so indis- 
solubly connected with it, that it felt author- 
ized to report an article on banks and cor- 
porations; the more so as no committee on 
corporations has been appointed by this 
Convention, and as other State Constitu- 
tions, almost without exception, treat on 
the subject of both banks and corporations, 
in the article herewith proposed for your 
adoption, in lieu of the eighth article of the 
present Constitution : 

ARTICLE — . 
Banks and Corporations . 

Section 1 . No corporate body shall here- 
after be created, renewed, or extended, with 
the privilege of making, issuing, or putting 
in circulation any notes, bills, or other 
paper, or the paper of anj^ other bank to 
circulate as money, and the Legislature shall 
prohibit, bylaw, individuals or corporations 
from issuing bills , checks , tickets , promissory 
notes, or other paper, as money; but nothing 
herein contained shall be construed as pre- 
venting corporations or associations from 
forming for such purposes, under the acts of 
Congress, for a national system of banking. 

Sec. 2. No bank of issue established 
under the laws of this State shall, after the 
adoption of this Constitution, issue bills or 
notes of \s\\j denomination, or pay out any 
of its notes for circulation; but thej' may 
receive and pay out the national currency. 
Any bank of issue \iolating this provision, 
shall forfeit its charter, and the Legislature 
shall, at its first session after the adoption of 
'this Constitution, impose proper penalties 
upon persons or corporations engaged in the 
violation of the foregoing provision. 

Sec. 3. It shall be the duty of the Gen- 
eral Assembly, at its first session after this 
Constitution goes into effect, to enact laws, 
enabling any of the existing banks of issue 
to reorganize as national banks, under the 
act of Congress, and further to provide for 
the sale of the stock owned bv the State of 
Missouri in the Bank of the '^State of Mis- 
souri, upon such t(;rms and conditions as 
shall be by law establislied. 

Sec. 4. The State shall not hereafter be- 
come a stockholder in any bank ; nor shall 



the credit of the State ever be given or 
loaned in aid of any person, association, or 
corporation, nor shall the State hereafter be- 
come a stockholder in an}^ corporation or 
associatio]! . 

Sec. 5. The General Assembly shall not 
authorize any county, city, or incorporated 
district, by virtue of a vote of its citizens, 
or otherwise, to become hereafter a stock- 
holder in any companj^, association, or 
corporation , or to loan its credit to any cor- 
poration, association, institution, or party. 

Sec. 6. Corporations may be formed 
under general laws, but shall not be created 
by special acts, except for municipal pur- 
poses. All general laws and special acts 
passed pursuant to this section, may be 
altered, amended, or repealed. 

Sec. 7. No municipal corporation, except 
cities, shall be created by special act; ajid no 
city shall be incorporated with less than five 
thousand permanent inhabitants, nor unless 
the people thereof, by a direct vote upon the 
question, shall have clecided in favor of such 
incorporation . 

Sec. 8. Dues from private corporations 
shall be secured by such means as may be 
prescribed by law, and the stockholders of 
all corporations and joint stock companies 
shall be individually liable for the indebted- 
ness of said corporations to the amount of 
their stock subscribed and unpaid, and no 
more. 

Sec. 9. The property of all corporations 
for pecuniary profit shall be subject to tax- 
ation, the same as that of individuals. 

On motion of Mr. Holland, the Conven- 
tion resolved itself into a Committee of 
the Whole, to resume the consideration of 
amendments to the Constitution. After some 
time spent therein, the President resumed 
the chair, and Mr. D'Oench reported that 
the committee had. according to order, had 
under consideration amendments to the Con- 
stitution , and particularly the article on Elec- 
tions, Qualifications of Voters, Officers and 
others, but had come to no resolution thereon. 

Mr. Weatherby offered the following reso- 
lution, which was read for information, and. 
on motion of Mr. Holcomb, referred to the 
Committee on Finance : 

Resolved-. Tliat the Constitutional Conven- 
tion of tlie State of Missouri, reposing im- 
plicit confidence in the ability and integrity 
of the Governor and General Assenibly 
thereof, do respectfully refer to tliem tor 
adjustment all questions pertaining to the 
dispute between the State and the stock- 
hoUku's of the Weston and Atchison, and 
Atchison and St. Joseph Railroad com- 
panies, satisfied that justice to all parties 
will be done by them. 

On n\otion of Mr. D'Okxcu, the Con- 
vention adjourned until half-past o'clock 
to-morrow morninir. 



64 



T^V^^ENTY-THIRD D^Y. 



Convention met pursuant to adjournment, 
tlie President in the cliair. 

On motion of Mr. Folmsbee, a call of the 
house was ordered, and the follomng mem- 
bers answered to their names : 

Messrs. Bunce, Chilch-ess, Da\1s of Noda- 
way, Drake, Ellis, Esther, Evans, Folms- 
bee, Fulkerson, Gamble, Gilbert of Law- 
rence, Gilbert of Platte, Grammer, Hen- 
derson, . Holdsworth, Holland, Hughes, 
Husmann, Khig, Leonard, McKernan, Mc- 
Pherson, Mack, Meyer, Morton, Mxdorf, 
Peck, Kankin, Smith of Mercer, Smith of 
Worth, Strojig, Sutton, Swearingen, Yfil- 
liams of Caldwell, WiUiams of Scotland, 
and Mr. President— 36. 

Absent — Messrs. Adams, Barr, Bedford, 
Bonham, Bndd, Bush, Clover, Cowden, 
Davis of New Madrid, Dodson, D'Oench, 
Filley, Fletcher, Foster, Gilstrap, Green, 
Harris, Holcomb, Hume, Linton, Martin, 
Mitchell, Newgent, Owens, Rogers, Koiirer, 
St. Gem, Switzler, Thilenius and Weather- 
by— 30. 

On motion of Mr. Drake, further proceed- 
ings under the call were suspended. 

On motion of Mr. Willia:ms of Caldwell, 
the report of the special committee, ap- 
pointed to memoralize the President of the 
United States concerning the quota of Mis- 
som-i under the draft, was taken up, being 
the special order for this morning. 

Mr. Gilbert of Lawrence moved the in- 
definite postponement of the subject. 

Upon which motion, Mr. Gilstrap de- 
manded the ayes and noes, and the vote 
being taken, stood as follows: 

Ayes — Messrs. Fletcher, Gilbert of Law- 
rence, Grammer, Linton, Owens, Peck, 
Rohrer, and Sutton — 8. 

Noes — Messrs. Bedford, Budd, Bunce, 
Bush, Childi'ess, Cowden, Davis of New Ma- 
drid, Davis of Nodaway, Dodson, D'Oench, 
Drake, Ellis, Esther, Evans, Filley, Folms- 
bee, Fulkerson, Gamble, Gilbert of Platte, 
Gilstrap, Green, Harris, Henderson, Hol- 
comb, Holdsworth, Holland, Hughes, Hus- 
mann, I'^ing, Leonard, McKernan, McPher- 
son. Mack,' Martin, Meyer, Mitchell, Mor- 
ton, Nixdorf, Smith of Mercer, Smith of 
Worth, Strono-, Swearingen, Thilenius, 
Weatherby, Williams of Caldwell, Williams 
of Scotland, and Mr. President-^7 . 

Ml'. St. Gem was excused from voting. 

Absent — Messrs. Adams, Barr, Bonham, 
Clover, Foster, Hume, Newgent, Rankin, 
Rogers, and Switzler — 10. 

So the motion to indefinitely postpone was 
rejected. 



FRIDAY, Februaby, 3d, 1865. 

Mr. Williams of Caldwell moved the 
adoption of the report. 

Mr. Husmann oifered as a substitute the 
foUomng, which was accepted by Mr. 
WiUiams of CaldweU: 

Resolved^ That the report and memorial of 
the Committee be adopted and forwarded to 
Senators Henderson and Bro\^Ti, at Wash- 
ington, ^^ith the request to present it to tiie 
President, and send the letter to Coloill 
Alexander. 

Upon motion, the resolution was adopted. 

On motion of Mr. Harris, leave of absence 
was granted to Mx. Switzler for the remain- 
der of the week. 

On motion of Mr. Holland, the Conven- 
tion resolved itself into a Committee of the 
Whole, to resume the consideration of 
amendments to the Constitution. After 
some time spent therein, the President 
resumed the chau-, and Mr. Green reported 
that the committee had, according to order, 
had under consideration amendments to the 
Constitution, and particularly the article on 
Elections and Qualifications of Voters, 
Officers and others, but had come to no 
resolution thereon. 

On motion of Mr. Davis of Nodaway, the 
Convention adjom-ned until half-past 2 
o'clock P. M. 



AFTERNOON SESSION. 

Convention met pm-suant to adjoarnment, 
the President in the chair. 

Mr. Holdsworth requested leave of 
absence for thi-ee days, which was granted. 

On motion of !Mi'. Holland, the Conven- 
tion resolved itself into a Committee of the 
Whole, to consider the amendments to the 
Constitution . After some time spent therein , 
the committee rose, and Mr. McKernan 
reported that the committee had, according 
to order, had under consideration amend- 
ments to the Constitution, and especially the 
article on Elections and Qualifications of 
Voters, Officers and others, but had come 
to no resolution thereon. 

On motion of ^Ir. Green, the Convention 
adj om-ned until half-past 9 o ' clock to-morrow 
morning. 



65 



TW^EINTY-FOURTH DA.Y. 



SATUEDAY, Ferruary 4th, 1865. 



Convention met pursuant to adjournment, 
the President in the chair. 

Prayer by Hev. J. F. Gublemann. 

Mr. BuDD, Chairman of the Committee on 
Finance, presented the following' report of 
said committee, which was read for infor- 
mation, and, on motion of Mr. Drake, re- 
ceived, and five hundred copies of the report 
ordered to be printed in pamphlet form , and 
two hundred copies of accompanying biU 
in usual form : 

The committee to whom was referred the 
present depressed condition of the finances 
of the State, with implied instructions to 
devise, if possible, ways and means to resus- 
citate her credit, and finally to liquidate the 
principal and interest of her indebtedness, 
beg leave to submit, for the considei-ation of 
the Convention, the following report: 

Mi^^souri was born into the sisterhood of 
States in the year 1821, and, in the judgment 
of your committee, she has been a sintul and 
sickly child since the day of her birth — forty - 
five years ago. Sinful, because she has held, 
by the wlirof the people, a portion of her 
children in bondage for a period of more than 
forty years, and valued their bodies, under 
the assessment law of the State, as so many 
sheep and oxen, for the purpose of imposing 
a tax (amounting, in 1860, to $88,000) oil 
then- current value, to support, in part, the 
Government of the State ; and sickly , as the 
institution of human slavery within her bor- 
ders has operated to paralyze her industry, 
and, as a consequence, to prostrate her 
credit beyond (as some think) redemption. 

Happily, on the 11th of January last, God, 
in His infinite mercy, put it into the hearts 
of the people — operating through their rep- 
resentatives on this floor — to blot out from 
the statute-book of the State all laws de- 
signed to hold human beings in bondage, 
and to declare Missouri, then and forever, a 
free commonwealth; and, having thus purged 
ourselves of the crime of slavery, mnj we 
not hope that the blessing of Him who holds 
in the hollow of his hand the destiny of 
states and nations will in the future rest on 
this people, in their etforts to inaugurate a 
system tending to advance the State in all her 
moral, political and pecuniary interests? 
The moral and political questions submitted 
to this body by the people we represent, of 
abolishino- slaverj^ and disfranchising rebels 
of their riglit of suttrage — hitherto exercised 
in attempts to tlu-ottle the life of the State 
and the Nation— having been passed on by 
the Convention, it now remains for your 
committee to endeavor to devise ways and 
means to pay the principal and interest on 

E 



the great public debt of the State; and, if 
this can be accomplished within a reasonable 
period, her patient creditors will doubtless 
award to the Convention as full a meed of 
praise as the people of the loyal free States 
have awarded to it, for enacting the great 
charter of freedom. In the performance of 
this duty, the enlightened spirit which de- 
creed her the role of a free State will, in the 
judgment of your committee, induce her 
people to accept any practicable proposition 
looking to the recovery and preservation of 
her good name in the great marts of the 
world, where her principal indebtedness is* 
held. Your committee are therefore agreed 
that the time has arrived for action on the 
subject of our suspended indebtedness; and, 
further, that it is especially appropriate that 
the Convention which has liberated the State 
from her greatest moral and social evil should 
take measures to secure for her the character 
of a trustworthy and honest commonwealth. 

According to the eighth census report, 
Missouri contains upwards of 43,000,000 
acres of land, of which 28,000,000 are capa- 
ble of cultivation, and the major portion ol 
the remainder is filled with inexhaustible 
supplies of coal, iron, lead, and other min- 
erals. Of our arable land only 6,246,871 
acres were under improvement in 1860, so 
that 21,000,000 and over are open to an agri- 
cultural population. In 1861, of the whole 
real property of the State, 16,707,313 97-100 
acres were assessed, leaving more than 
11,000,000 arable, and 15,000,000 otherwise, 
exempt from taxation. Of the land so exempt 
about 6,000,000 acres may be estimated as 
unassigned to the State by the United States; 
1,223,308 are held by railroad corporations; 
5,000,000 are supposed to be held by the 
State; 1,200,000 are school lands, leading 
apart from public grounds say 10,000,000, 
arable or mineral, subject to become sources 
of revenue under a more thorough system of" 
assessment. Not alone has the basis of 
assessment been erroneously curtailed, but 
the assessment itself is confessedly irregulai' 
and defective. It is safe to say that an im- 
proved system, recognizing the increased 
value of real estate, owing t"b emancipation, 
would enlarge the basis of taxation SloO.- 
000,000 more than it was in 1860 (So35,- 
900,700), and without working injustice to 
the people of the State. Any' scheme, 
looking to the payment of the State debt, 
may, tiierefore, legitimately contemplate: 

First — An increase of revenue from 

acres heretofore unassessed. 

Second — An increase of revenue from the 
sale of lands by the United States, or by 
raih-oad corporations, and the appreciation 
of property, heretofore assessed, or unas- 
sessed, owing to inevitable growth, or the 



66 



stimulus of freedom, peace and immdgra- 
tiou. 

In the decade 1850 to 1860 the increased 
value of real estate in the State of Illinois 
was $715,595,276, or nearly four hundred 
and fitty-eigiit per cent. If"^it be urged that 
Illinois'^ possessed advantages in an estab- 
lished system of free labor, untrammeled by 
civil war and a border situation, it may be 
answered that her population, during a 

greater part of the time, was little over one 
alf our present numbers, that her territory 
is 12 , 000 miles less than ours , and that Mis- 
souri, as a free State, is now asstu*ed, by a 
radical iDolicy, against the invasions which 
her slave labor system invited and encour- 
aged. Assuming, however, that our growth 
of values for purposes of taxation should be 
as lov>- as three himdred per cent., against 
four hundred and fifty-eight per cent, of that 
of Illinois, our valuation in ten years ^'sill 
be, in round figures, as follows: 

1866 $ 480.000,000 

1867. 576.000.000 

1868 672,000,000 

1869 768,000,000 

1870 864,000,000 

1871 960,000,000 

1872 1.056,000.000 

1873 1,152,000,000 

1874 1.248,000,000 

1875 1,344,000.000 

The problem to be solved is — giving this 
basis of taxation — how shall the principal 
debt of the State for railroads ($23,000,000) 
and S5. 000. 000 past due interest, and interest 
thereon, together with $4,000,000 military 
and floating debt, and interest thereon, be 
paid? Your committee are satisfied that no 
additional tax, higher than one-half of one 
percent., cau be levied and collected from 
the real and personal estate valuation for 
several years , without discouraging emigra- 
tion and rendering the possession of property 
an almost unenclurable burthen, even in 
view of an early peace and a rapid develop- 
ment of our a o-ri cultural interests. It is. 
therefore, considered impracticable to look 
for the i^ayment of our railroad dxbt from 
this source\ Such a tax, however, will, in 
the opinion of yoiu" committee, at present 
sufiice to cancel the present military and 
floating debt of the State in eight vears or 
less, if the stock in the State Bank ("$1,303.- 
000) be disposed of, and a tax of one per 
cent, be levied upon the capital of aU pri- 
vate corporations which shall hereafter ask 
[of the Legislature, for their own pecimiary 
gains] franchises, which the State should 
sell, and not, as heretofore, give away ! Your 
committee would , therefore, recommend: 

First— Th^t from and after the 1st day of 
October, 1866, a tax of one-half of one per 
cent, on aU the real and personal property 
of the State , in addition to all other taxes 
now levied by law, be annually assessed and 
collected in the same manner 'as other State 
revenue may be assessed and collected ; the 
fund so created to be kept separate, and 



annually, on the 1st day of March, appro- 
priated and paid over pro rata upon alf State 
indebtedness (other tfian railroad debt or 
interest) , which may be presented for that 
pm-pose by the holders of the same, to be 
entered as credits, and to that intent, in 
extinguishment of the said indebtedness. 

Second — That the State stocks in the Bank 
of the State of i!.lissouri be disposed of, and 
the proceeds paid into the State treasiuy to 
the credit of the military fund, to be paid 
out as above. 

Third — That a tax of one per cent. , on not 
less than its par value, be assessed and col- 
lected on the authorized capital stock of all 
private corporations which shall hereafter 
obtain charter franchises from the State. 

The first proposition is similar in most 
respects to the constitutional provision, 
article fifteen of the new constitution ot 
Illinois, which enabled that noble State to 
relieve herself from nearly the whole biu'den 
of debt contracted prior \o April 1st, 1848. 
The second is based on the couNiction that 
the stock in the State Bank should be ap- 
plied, at the earliest possible moment, to the 
payment of the military debt for which it is 
pledged, the new system of national banks 
rendering such investments anomalous and 
useless. The tliird is regarded as a legiti- 
mate means of securing some equivalent 
for the transfer of general franchises to par- 
ticular citizens, it being understood that 
dividends are declared in successful corpo- 
rations on the authorized as distinguished 
from the paid in stock. 

If. tlie better to secure full returns from 
this additional general tax of one-half of 
one per cent. , the Legislature be x)rohibited 
from exempting from taxation any species of 
property except that of the State, counties, 
and municipalities, property in use for public 
schools and public cemeteries, your commit- 
tee feel assured that the debt contracted for 
other than railroad purposes will be paid ofi' 
in the time stated, and ^^1thout detriment to 
the current necessities of the State. 

The payment of the railroad debt must be 
secured, in the opinion of your committee, 
by the railroads themselves; theretore, your 
committee propose to require the Iron Moun- 
tain. Pacific, Xortli Missouri, and Hannibal 
and St. Jo. railroads to pay sixteen and two- 
thirds of their gross earnings (except on 
government freight) into the hands of a 
commissioner appointed by the State, and 
to allow them to charge twenty per cent . 
additional to their present rates on freight 
and passengers. 

Assuminjj: the gross earnings of the four 
roads to be 53,000.000, to March 1st, 1866— 
an estimate in which several of the most 
astute railroad directors agree— and to in- 
crease thereafter in the rates claimed by their 
respective companies, such an assessment 
Mill pay two per cent, on the railroad debt 
in the first year, three and a half in the second 
year, and. in the opinion of your committee, 
the fourth year (1870) six per cent. 

Whenever it shaU have reached this rate, 



67 



and the principal debt shall have been re- 
duced to iilteen millions of dollars , let it be 
enjoined that the railroads shall resume the 
payment of interest directly, the past due 
interest, and a portion of the principal having- 
been meantime paid^?"o rata from the collec- 
tions of the present railroad tax. Then let 
the railroad tax be abrogated, if it is deemed 
expedient in the wisdom of the General 
Assembly. 

The propriety and efticac}^ of this scheme 
is sustained by the follo\ving- considerations: 

First — The real and personal property of 
the State is relieved from any additional tax 
on railroad account. 

Second — The authorized advance in charges 
for freig-ht and passeng-ers will largely fall 
on non-residents^ and on freight merely in 
transitu. 

Tlurd — Freight and trade can not be ma- 
terially diverted, for onl}' such comes as can 
lind no other channel than one of the four 
roads for which the debt was contracted . 

Fourth — The roads are not embarrassed hj 
the impost (sixteen and two-third per cent. ) , 
for the increased rates allowed (twenty per 
cent. ) bear an exact proportion to it. 

Fifth — The claims of the stockholders, 
public and private, without being- imperiled 
more than now, are properly subordinated 
to those of the creditors, to whom the faith 
of the State has been pledged. 

Influenced by these reasons, and finding- 
no other means so likelj^ to retrieve the credit 
of the State — indeed, your committee be- 
, lieve , on the most mature consideration , that 
there is no other way of licxuidating the present 
debt, except by lev^dng a tax of at least three 
per cent, on the people of the State, and 
this, in the judgment of your committee, 
would be wliolly inoperative — j^our com- 
mittee would recommend : 

First — That, on the 1st day of Marcli, 
1866, and every j^ear thereafter, until the 
railroads shall resume payment of interest 
in full, and principal at maturity, the Iron 
Mountain, Pacific, North Missouri, and 
Hannibal and St. Joseph railroads shall 
pay into the hands of the commissioner 
appointed by the State, sixteen and two- 
thirds per cent, of their gross earnings (ex- 
cept as aforesaid on g-overnment freight) for 
the preceding year, to be paid out, w-o rata, 
in extinguishment ot the debt and interest 
contracted for railroad purposes . 

Second — That the better to enable them to 
fulfill this obligation, from and after the 1st 
day of March next, they be allowed to in.- 
crease their rates of freights and passengers 
twenty per cent. , until such time as, besides 
having paid all current and past due prin- 
cipal, the debt shall be reduced to fifteen 
millions of dollars. 

Third — That all tax collected on railroad 
account hereafter for the extinguishment of 
interest and principal of State bonds issued 
to tlie railroads shall be used pro rata. 

Your connnittee are conscious of the difti- 
(afities presented in the advocacy of any at- 
tempt to resume payment of our suspended 



habihties, and to continue meeting, at ma- 
turity, our prospective bond and interest 
indebtedness. The question of war or peace 
— of social order or embittering and wasting 
class and land controversies, arising out of 
the rebellion, enter so much into such calcu- 
lations, and are so apt to be colored by our 
wishes and prepossessions, that the feasi- 
bility of any scheme is liable to suspicion, 
and open, apparently, to strong objections. 
The one proposed, however, is, in tlie judg- 
ment of the undersigned, the more to be 
favored, because its success depends less 
upon a sanguine view of afi'airs than any 
other which your committee could have de- 
vised. 

First — It is predicated on an increased 
valuation of real and personal property, in 
the coming ten years, of one hundred and 
fifty-eight per cent, less than that of Illinois 
in the ten years from 1850 to 1860 — superficies 
and population being, relatively, largely in 
the favor of our State . 

Second — It requires the real estate Interest 
of the State, now needing so much en- 
couragement, to assume the payment of less 
than one-fifth of the accumulated debt, and 
for this purpose taxes it one-half of one per 
cent., an addition relatively small when 
we consider the object to be obtained. 

Third — It places the burthen of debt Vv^here 
it belongs, on the railroads, and enables 
them to pay it, by advancing their fares and 
freightage, so that, when so advanced, these 
will still be less than the prevailing rates of 
increase in other branches of business. 

Fou7'th — It affords the only guarantee ior 
an early resumption of payments, without 
shifting the security of the stockholders and 
creditors, or lessening the ability of the 
i-oads to develop their facilities in proportion 
to their incomes. 

Your committee will be pardoned for allud- 
ing to the specific legislation which is essen- 
tial to the successful operation of this scheme . 

First — An act to prevent omissions and 
inaccuracies of assessment, so that all the 
land in the State not held by the general 
government, by the State, by countless, mu- 
nicipal bodies, or in use for public schools 
and public cemeteries, shall contribute to 
the revenue, and be assessed at its full value. 
The fact that millions of acres have not been 
assessed, and other millions assessed at 
merely iionnnal instead of mai-ket rates, 
indicates the want of a more stringent law 
in this relation. 

Second — A constitutional enactment, pro- 
hibiting tlie Legislature from exempting 
any property from tax otlier than State", 
county, and nnuucii)al, or property in use 
for free scliools and public ceinetories. 
There is no valid reason, in the judgment 
of the committee, why ciiurches', parson- 
ages, private cemeteries, private hospitals, 
private academies, etc., or property not in 
use for public free schools, should not con- 
tribute to the payment of our State debt and 
expenses. Religious and charitable endow- 
ments of this sort are properly the result, of 



68 



voluntary contributions. Theii' exemption 
from tax is, in effect, their enclo-wraent by the. 
State to the araount of the tax, and, in so 
far as the general community is concerned. 
is necessanly an i/tvoluntary'one. The tax 
of a distant community' " should not be 
dependent upon, nor enlarged by, the 
exemption of the religious establishments 
and charities of another commimity. The 
custody of the criminal, the care of the des- 
titute, the rudimentary free education of the 
yomio-. are matters of common concern: but 
the foimding of a church by a particular 
congregation, the erection of a private insti- 
tution of benevolence, or the opening of a 
cemetery by private enterprise, shoidd be at 
the expense of the parties contemplating 
them, and not of the State treasury. Be- 
sides, religion and philantlu'opy Mill really 
suffer nothing by a A\-ithdrav,-al of the cus*- 
tomary immunity from taxation. The 
promises of future rev^-ard are proportioned 
to the sacrifices made in deserving it. Xor 
is it to be supposed that the hopes inspired 
by faith, or the consolation conferred by 
sympathy for suffering, ^^ill become the les^s 
dear by being taxed. "Let it be understood 
that the supix)rt of the Government (the fii'st 
duty the citizen owes to the State) is to be 
drawn ft-om ail property not in use under its 
du'ection for general 'objects, and private 
charity ^^ill accommodate itself to circum- 
stances, just as it has succeeded in bearing 
the growing strain upon its largess, owing 
to the cost of li^ino- and the scarcity of labor. 
It is also due to the credit of religion, and 
the success of the charitable in'stitutions 
ah"eady in existence, that religious 'and be- 
nevolent bodies which cannot afford to pay 
State tax. v:hen the State is alynost overxchelm- 
ingly in debt, should regulate theh' enter- 
prises by their assured means . Undertakings 
likely to be thwarted or imperiled by a sys- 
tem of taxation under which the community 
lives and thrives, had better be deferred until 
they can surmount even greater obstacles . 

In conclusion, your committee have an 
abiding conviction that if the essential features 
of the plan now recommended be adopted by 
the Convention, and made part of the organic 
law of the State, it vvill do — 

First — Justice to suffering but patient credit- 
ors, many of whom have pm'chased the 
State bonds at nearly their par valite. and 
which, vvith accumulated unpaid interest, 
ai-e worth on their face $1.25, but are now 
daily sold for sixty-live cents on the dollar I 
thus inspiring the'se creditors Tvith the hope 
(and that hope predicated on a soimd basis) 
that ere lono- their securities T\ill be at par. 

Second — It will avoid the necessity of a 
forced sale of the roads by the State, wliich, 
should it take place, would inevitably work 
a loss to the commonwealth of many millions 
of dollojrs . 

' Third — It will enable the roads rightfully 
to absolve themselves in a period of twenty- 
five years — wiiich is but a d.ay in the life of a 
State — ^froni the pressing burden of a debt of 
t^'enty-eight millions of dollars, and that, 



I too. \\ithout working injmy to themselves 
! or to the people of the State. "^ 
! Fourth — It -uiU. in a few yeai's, make the 
j credit of Missouri stand side by side vrith. the 
I credit of her sister State of Illinois, whose 
bonds, in 1S47, sold at thirty-tw-o cents on 
I the dollar, but which are now sought for at 
par and a premium, the e^ect of a" tax pro- 
vision inserted in her organic law. 

Fifth, and lastly — It will enable a father — an 
original subscrfber — now holding almost 
j wortliless stock in at least three of these 
I roads, to trasmit the same as a leg-acy to his 
I children, who, in after 7rears, will,' in the 
j judgment of your committee, be in the re- 
ceipt of six per cent, dividends from the 
same. We append (paper A) a detailed ac- 
; count of State indebtedness due and not due, 
i for the information of the Convention. 

Your committee having explained the re- 
sult of their deliberations, see, they think, 
in the plan proposed, a certain means of re- 
lieving the State from debt, and report, for 
the action of the Convention, the foUoTsing 
articles to be embodied in the Constitution of 
the State. EespectfuUv submitted. 

GEO. K.'BUDD. Chair?-nan. 

{Paper A. ) 
IXDESTEDXESS OF THE STATE OF 
( OJicial. ) 

Bonds issued for State ptn-poses-.S 

State bonds issued to railroads 
(including guarantee bonds) 

Eevenue bonds, issued in 1861, 
(9 per cent.) now due 

Interest due on bonds issued to 
raih'oads (Jan. 1st. 1865) 

Money borrowed by Gov. Gamble 
to purchase arms' 

Amount of defense warrants out- 
standing Dec. 1st, 1864 

Amount of Union military bonds 
outstanding Dec. 1st. 1864 

Amount due'hiilitia for active ser- 
vice, estimated, bv Gov. Hall 



Cr. 
*Issue to Hannibal S: 

St. Joseph E. E... S3, 000, 000 
Paid on bond issued 

for State pin-poses.. 200,000- 



illSSOUPwI. 

B 602,000 
23,701,000 
431.000 
5,008.240 
150.000 
244.000 
1,771,030 
1.000,000 
$32,507,549 

- 3.200,000 



Total, T\ith the above deduction 
to Hannibal & St. Jo.E. E., 329,707.549 
Of the above there is now due by the State 
on her own account: 
Balance of bonds d.ue issued for 

State piu-poses 402.000 

Eevenue bonds issued in 1881 431 , 000 

Monev borrowed by Gov . Gamble 150. 000 

Defense warrants." 244,279 

Union military bonds 1,771,030 

Due militia for active senice (es- 
timated) 1,000,000 

Total, exclusive of interest S 3,998,309 

*>-OTE.— The credit cf S3,0U0,L'OO to the Hanniljal and St. 
Joe Railroad is a nominal credit, as the road has pnnctnally 
paid the interest on the same, but the State's liability is yet 

$3,000,000. 



69 



ARTICLE I. 

Railroad Indebtedness . 

First — The Pacific Railroad Company, and 
Soutliwest Brancli, the North Missouri Rail- 
road Company, the St. Louis and Iron Moun- 
tain Railroad Company, and the Hannibal 
and St. Joseph Railroad Company, are hereby 
required to pay an annual tax of sixteen and 
two-thirds per cent, on all their gross 
receipts for freight and passengers, except 
on transportation for the government of the 
United States, and may deduct out of the 
same the United States tax, and this tax 
shall begin on the 1st day of March, 1865, 
and be paid quarterly. 

Second — The tax of sixteen and two-thirds 
per cent., to be paid by the Pacific Railroad 
Compau}^, and Southwest Branch thereof, 
shall be paid into the hands of a commis- 
sioner, to be appointed by the Governor, 
who shall hold his office for four years from 
the date of his appointment, and until his 
successor is dulv appointed and qualified, 
and his salary shall be $4,000 per animm. 
payable, pro rata, by the railroads, in pro- 
portion to their present State indebtedness, 
and the said comnfissioner shall enter into 
approved bonds to the State, for the faithful 
performance of his duties, in the sum of 
$100,000, and the said tax of sixteen and 
two-thirds per cent., when so paid to the 
said commissioner, shall be invested by him 
in buying up the State bonds or guarantee 
bonds, issued to the Pacific Railroad Com- 
pany, with coupons attached, or to paying off 
the over due interest on the said bonds, the 
longest due, and all payable the same year, 
and such payments shall be continued until 
all coupons or bonds ( except as hereinafter 
stipulated, 7th section ) over due, are paid. 
The bonds and coupons thus canceled shall, 
by the commissioner, be delivered to the 
Auditor of the State, who shall give his 
receipt for the same, and it shall be his duty 
to credit the Pacific Railroad Company with 
the amount so canceled. When the tax of 
sixteen and two-thirds per cent, shall be 
paid into the hands of the commissioner, he 
shall issue to the railroad companj^, paying 
the tax, duplicate receipts, and the railroad 
company paying the same shall file one 
receipt with the Auditor, who shall charge 
the commissioner with the amount, and 
v^hen the commissioner shall surrender to 
the Auditor the bonds or coupons, he shall 
receive credit for the same on the books of 
the Auditor. 

Thi7^d — The tax of sixteen and two -thirds 
per cent. , to be paid by the North Missouri 
Railroad Company, shall be paid to the com- 
missioner aforesaicl in the manner prescribed 
for the payment to the Pacific Railroad Com- 
pany, and shall be by him invested in like 
manner as prescribed'to the Pacific Railroad 
Company, to wit: to buying up the State 
bonds and paying oft" tlie co'upons issued to 
the North Missouri Railroad Company, and 
the connnissioner and Auditor shall give 
receipts and credits to the North Missouri 



Railroad Company in the manner herein- 
before prescribed to the said Pacific Railroad. 
Company. 

Fourth— The tax of sixteen and two-thirds 
percent., to be paid by the St. Louis and 
Iron Mountain Railroad Company, shall be 
paid to the commissioner aforesaid in the 
manner prescribed to the Pacific Railroad 
Company, and shall be by him invested in 
like manner as prescribed to the Pacific 
Railroad Company, in buying up the State 
bonds and coupons issued to" the St. Louis 
andiron Mountain Railroad Company, and 
the commissioner and Auditor shall give 
receipts and credits to the St. Louis and Iron 
Mountain Railroad Company, as hereinbefore 
prescribed to the said Pacific Railroad Com- 
pany. 

Fifth — The Hannibal and St. Joseph Rail- 
road Company shall pay to the said commis- 
sioner the tax of sixteen and tvv^o-thirds per 
cent., as required in section first, and the 
money paid in on account of said tax shall 
be by him invested in purchasino- the bonds 
of the State issued to the Hannibal and St. 
Joseph Railroad Company, and the interest 
on said bonds shall be paid by said company 
as it becomes due, and the forfeiture of their 
charter, to which the Hannibal and St. 
Joseph Railroad Company is liable for having 
failed to pay the amount stipulated by law 
into the sinking fund of the State, is hereby 
waived, so long as the said company shall 
pay the said annual tax of sixteen and two- 
thirds per cent, and the interest on the 
bonds, until all State bonds issued to said 
company shall be canceled. 

Sixth — The railroad companies herein- 
before named are hereby authorized to col- 
lect twenty per cent, more for freight and 
passengers than their ordinary rates, to 
reimburse themselves for the tax herein- 
before imposed on their gross receipts. 

Seventh — As soon as the State indebtedness, 
present and contingent, for bonds issued to 
the railroads aforesaid, shall be reduced to 
the sum of fifteen millions of dollars, the tax 
of sixteen and two-thirds per cent, herein- 
before hnposed shall cease, provided it shall 
be deemed expedient by the General Assem- 
bly, and the privilege given to the roads of 
collecthig twenty per cent, from freight and 
passengers in adthtion to their ordinary- 
charges shall also cease, and the difieren't 
railroad companies shall simply be held 
liable to pay botli principal and 'interest of 
the bonds granted to them by tiie State, or 
guaranteed" by the State, as it shall mature. 

Eighth — It shall be lawful for the four rail- 
roads named in tlie first section to exchange 
tlieir own bonds for the first mortgage boniis 
of the State, or ihe first mortgage bonds ol 
the Soutliwest Branch, guaranteed by liie 
State, witli coupons attached; each i-oad. 
however, only for such b',>nds as were issued 
for same, and sucli bond< issued by any ot 
tlie four roads, shall, upon the return to tlie 
Auditor of the State of the State bonds, or 
bonds guaranteed by the State, participate, 
pro rata, in the securitj' the State now holds 



70 



on the roads, but uo sale of any of the four 
roads named m section first ^ under the 
morto-age to the State, shall take place he- 
fore the year 1875, provided they comply 
with the injunction hereinbefore imposed on 
them to pay annually the tax of sixteen and 
two-third per cent., nor shall the exchange 
of bonds, as provided for in this section, be 
compulsory on the roads. 

Ninth — The office of road commissioner 
shall be abolished when the railroad in- 
debtedness shall be reduced to fifteen mil- 
lions of dollars. 

Bank Stock Owned by the State. 

The commissioner to be appointed under 
section second of article on Eailroad Indebt- 
edness, is hereby authorized, with the con- 
currence of the "Governor, whenever in his 
judgment it shall be deemed expedient, to 
sell the stock of the Bank of the State of 
Missouri, owned by the State, and deposit 
the proceeds in the treasmy of the State, to 
be used in liquidating the military bonded 
indebtedness of the State, and for no other 
purpose whatever. 

ARTICLE II. 

Taxes . 

First — In addition to the taxes already 
levied by law, there shall be levied and col- 
lected, ni October, in the year 1866, and 
yearly thereafter, until it shall cease as pro- 
\1ded'^in section second, a tax of one-half of 
one per centum per annum, on all property, 
real and personal, in the State (except prop- 
erty belonging to the United States or this 
State), property belonging to any munici- 
pal corporation' in this State, or property 
belonging to any county, or property belong^- 
ing to the Board of President and Directors 

of St. Louis PubUc Schools, provided 

all property belonging to said Board of Pub- 
lic Schools, which'shall be leased for a period 
of over five years, shall be liable to tax as 
other property. Public cemeteries shall be 
exempt from taxation, and all personal prop- 
erty owned by the Pacific Railroad Company, 
the Xorth Missouri Railroad Company, the 
St. Louis and Iron Mountain Railroad Com- 
pany, and the Hannibal and St. Joseph Rail- 
road Company, shall be exempt from taxa- 
tion — provided said companies comply with 
section first of Raih'oad Indebtedness — until 
the iiabilities of these several corporations to 
the State shall be reduced to fifteen millions 
of dollars, and no longer. 

Second — Tlie taxes to be paid of one-half 
of one per cent., provided for in the first 
section, shall be paid only in the national 
currency of the Cnited States, or in the cur- 
rency issued by any bank attthorized by act of 
Congress, denominated "National Banks;" 
or in the bonds of the State, other than bonds 
isstted to the several railroads; in defense 
warrants, or in military bonds, or in an}' other 
authorized bonded indebtedness of the State. 
And when the indebtedness of the State — 
whether it be in bonds proper, military bonds, 



defense warrants, or fioating indebtedness — 
shall be paid otF, then this tax of one-half of 
one per cent, shall cease; and should the 
Government of the United States pay off" or 
asstime the payment of the military "^debt of 
the State, then the tax shall be redticed from 
one-half of one per cent, to one-tenth of one 
per cent. 

Third — There shall be levied and collected 
annually, commencing- in October, eighteen 
hundred and sixty-six, and be continued 
until the indebtedness of the State, present 
and contingent, shall be reduced to five 
millions of dollars, a tax of five per cent, on 
the gross cash premiums of all fire and 
marine mutual insiu'ance companies, char- 
tered by this State, having no authorized 
corporate capital stock; and alfidavits shall 
be filed, by the presidents of such compa- 
nies, ^vitli the collectors of the several coun- 
ties where such insurance companies shall be 
located, setting forth the amount of pre- 
miums received by such insurance companies 
within the year. 

Fourth — There shall be leAled and collected 
annually, commencing in October, eighteen 
hundred and sixty-six, and be contintted 
until the indebtedness of the State, present 
and contingent, shall be reduced to five 
millions of dollars, from all life insurance 
companies, whether chartered by this State, 
or by other States (vdien such foreign insur- 
ance' companies shall have agencies in this 
State), a tax of five per cent, on the gross 
premiums realized during the year, wliether 
the premiums shall be paid in mone}', or 
contingent notes given for such premiums or 
parts of premiums; and affidavits shall be 
filed, by the presidents of such companies, 
or the agents of such companies, with the 
collectors of the several counties where such 
in.surance companies, or the agents of such 
companies, shall be located, setting forth the 
amount of premiums received by such life 
insurance companies, or their agents, within 
the year. 

i^i/zf/i— Personal property in this State, 
other than that specified in section fourtli, 
owned by non-residents of this State, shall 
not be liable to taxation. 

Legislative Prohibitions. 

Fiy^st — The General Assembly shall have 
no power to increase the present bonded 
indebtedness of the State, until the said 
bonded indebtedness shall be reduced to the 
sum of five millions of dollars; Provided, 
The General Assembly shall have power, at 
an}^ time, to borrow money to suppress 
insurrection, repel invasion, or to defend the 
State, in time of civil or foreign war, and 
may also borrow to meet casual deficiencies 
in her revenue, limited, however, to one 
hundi-ed thousand dollars; or to build a State 
capital, in case of removal of the State capital 
from its present location; but such borrow- 
ing, for said latter purpose, shall r.ot exceed 
five hundred thousand dollars, and no money 
shall be borrowed as aforesaid without the 



71 



Creneral Assembly sliall first lev3% bylaw, 
an annual tax, sutticient to pay sucli increase 
of indebtedness in ten years from the date of 
tlie State ' s li ability . 

Second — The General Assembly shall have 
no power to diminish the per centum tax, as 
at present authorized by law, until the bonds 
and warrants issued for militarj^ purposes, 
and the present floating debt of the State, 
shall be paid. 

Third — The General Assembly shall have 
no power to g-rant acts of incorporation to 
iudi^aduals. for banks or other moneyed insti- 
tutions, 01- for insurance companies, or for 
any business purposes, when such acts shall 
provide for capital stock, without enjoining 
cm such corporators the payment of a tax oi' 
one per cent, per annum "^ during the con- 
tinuance of the charter on the capital stock 
named in the grant, and this tax shall be 
levied and collected in the county in which 
the corporation is located: Provided^ when 
railroads are incorporated, the tax of one 
per cent, per annum shall be paid into the 
comity treasury of St. Louis. 

Fourth — The General Assembly shall have 
no power to exempt from taxation any 
propertv, real or personal, until the present 
debt of"^ the State shall be reduced to live 
millions of dollars. 

Legislature . 

It shall be the duty of the General Assem- 
bly, at its first session after the adoption of 
this Constitution, to enact a law dividing 
the State into nine districts, each comprising 
from twelve to thirteen contiguous counties; 
and also providing for the appointment of 
nine commissioners, who shall hold their 
office for six j^ears, whose duty it shall be 
to classify the lands of the State and equalize 
the value of the same for taxation. 

Assessors. 

Assessors shall value all real and personal 
IM'operty at what it will bring, in their 
judgment, if sold at public auction for cash. 



To His Excellency the President of the United 
States., and the Honorable the Senate and 
House of Representatives of the United States, 
in Congress assembled: 

The Convention of this State respectfully 
memorialize you to grant to the State the 



means to pay her military debt; and base 
their application on the following facts : 

That the whole of said debt has been in- 
curred by the State in support of the General 
Government and the cause of the Union, and, 
without which expenditure on the part of 
the State the Government of the United 
States would have had to maintain a force, 
at greater expense, to protect the Union 
people of the State; that, in their efforts to 
remain in the Union and to perpetuate our 
Government, our people have had to bear 
great losses and burdens, with little ability 
to bear up under them ; that our State has , 
for the last four years, been devastated by 
war, preventing the raising of crops or doing 
anything to enable them to pay taxes; that, 
in their effort to remain in the Union, this 
State has emancipated her people hitherto 
held in bondage, and, as a consequence, cur- 
tailed a portion of the labor of the State, and 
that this labor it will take time to replace; 
that, in consideration of our condition and 
the justice of the claim, we earnestly appeal 
to the Government to grant, without delay, 
the legislation necessary to enable us to dis- 
charge this debt in full . 

On motion of Mr. Drake, the Convention 
resolved itself into a Committee of the Whole, 
to resume consideration of amendments to 
the Constitution. After some time spent 
therein , the President resumed the chair, and 
Mr. Owens reported that the committee 
had, according to order, had under consid- 
eration amendments to the Constitution, and 
especially the article on Elections, and Quali- 
fications of Voters, Officers, and others, but 
had come to no resolution thereon. 

The President caused to be read a series of 
resolutions adopted by a meeting of citizens 
of Missouri, held at Washington City, Jan- 
uary 30, 1865, complimenting the Conven- 
tion on the passage of the Emancipation 
Ordinance; which were, on motion of Mr. 
Drake , laid on the table . 

On motion of Mr. Drake, the Convention 
adjourned until Monday morning next, at 
half-past 9 o'clock. 



72 



TWEiSTTY-FIFTHC 13 A_Y. 

MOjSDAY, February 6tli, 1865. 



Convention met pursuant to adjournment, 
the President in the chair. 

Prayer by Pev. Dr. Cox. 

Ml'. Gamble asked leave of absence for his 
colleague, Mr. Martin, which was granted. 

Mr. Holland stated that his colleague, Mr. 
Foster, was sick, and unable to attend the 
Convention. 4, 

On motion of Mr. Harris, the use of this 
hall was tendered to Professor Kerr, Super- 
intendent of the Deaf and Dumb Asylum at 
Fulton , Mo . , and he was requested to give 
an exhibition with his pupils here this even- 
ing at half-past 7 o'clock. 

On motion of Mr. Holland, the Conven- 
tion resolved itself into a Committee of the 
Whole, to resume consideration of amend- 
ments to the Constitution. After some time 
spent therein, the President resumed the 
chair, and ^Ii'. Gilbert of Platte reported 
that the committee had, according to order, 
had under consideration amendments to the 
Constitution, and particularly the article 
on Elections, and Qualifications of Voters, 
Officers and others, but had come to no 
resolution thereon. 

On motion of Mr. Owens, the Convention 
adjourned until half-past 2 o'clock P.M. 

AFTERNOON SESSION. 

The Convention met pursuant to adjourn- 
ment, the President in the chair. 

Mr. Leonard, Chairman of the Commit- 
tee on Boundaries, presented the following 



report, which was read for information, 
and, on motion of Mr. Folmsbee, received 
and laid upon the table : 

The Committee on Boundaries, to which 
was referred the first article of the Constitu- 
tion, have the honor to report that, inas- 
much as the boundaries of the State can not 
be affected by the act of the Convention, 
depending, as they do, upon the acts of 
Congress and the decision of the Supreme 
Court of the United States, and in order to 
avoid the difficulties which the slightest error 
in the definition of the same might occasion, 
it is, in the opinion of your committee, 
expedient that the example of the majority 
of the States be followed, and the article on 
boundaries be omitted in the new Constitu- 
tion. P. LEOXAPD, Chairman. 

Mr. Owens introduced a commumcation 
from M. Munson to the Governor of this 
State, in relation to the prohibition of lot- 
teries, which was read for information, and 
referred to the Committee on Legislative 
Department . 

On motion of Mr. Holland, the Conven- 
tion resolved itself into a Committee of the 
Whole, to resume consideration of amend- 
ments to the Constitution. ^^Vfter some time 
spent therein, the President resumed the 
cliair, and ]\Ir. AVilliams of Scotland re- 
ported that the Committee had, according to 
order, had under consideration amendments 
to the Constitution, and particularly the arti- 
cle on Elections and Qualifications of Voters, 
Officers, and others, but had come to no 
resolution thereon , 

On motion of jMi*. Mitchell, the Conven- 
tion adjourned until half-xoast 9 o'clock 
to-morrow morning. 



73 



TWENTY-SIXTH 13^ Y. 



TUESDAY, Febriiuay 7th, 1865. 



The Convention met pursuant to adjourn- 
ment, the President in the chair. 

Prayer by Rev. Dr. Armstrong. 

On motion of Mr. Folmsbee, the special 
order of the day, being the Declaration of 
Rights, was postponed , and the Convention 
proceeded to the consideration of the article 
on the Militia. 

Mr. G-iLSTRAP offered the following amend- 
ment thereto: 

i^mend section one, first line, by inserting 
after the word "all," the word "able- 
bodied." 

On which, Mr. Dodsok demanded the 
ayes and noes; which being taken, the 
amendment was adopted, by the following 
vote: 

Ayes — Messrs, Bedford, Bush, Childress, 
Cowden, Davis of Xew Madrid, Dodson, 
Drake, Ellis, Esther, Folmsbee, Gamble, 
Gilbert of Platte, Gil strap, Grammer, Green, 
Harris, Holcomb, Hughes, Hume, King, 
Linton, Mack, Morton, Mxdorf, Rankin, 
Smith of Mercer, Strong, Sutton, and Wil- 
liams of Caldwell — 29. 

Noes — Messrs. Bonham, Budd, Bunce, 
Davis of Nodaway, D'Oench, Evans, Filiey, 
Fulkerson, Gilbert of Lawrence, Hender- 
son, Holland, Husmann, Leonard, McPher- 
son, Meyer, Mitchell, Newgent, Owens, 
Peck, Rohrer, Swearingen, Thilenius, 
Weatherby, Williams of Scotland, and Mr. 
President — 25. 

Absent — Messrs. Adams, Barr, Clover, 
Fletcher, Foster, Holdsworth, McKernan, 
Martin, St. Gem, Smith of Worth, and 
Switzler — 11 . 

On motion of Mr. Krekel, the article on 
Militia was referred to the Committee on 
Revision, for 'correction and printing. 

Mr. Husmann offered the following reso- 
lution, which was unanimousl}^ adopted: 

Resolved^ That this Convention hails with 
joy the passage of the Constitutional Amend- 
ment by the Congress of the United States, 
which shall, if ratified by the action of the 
States, as we hope and trust it will, prohibit 
slavery forever in this country, and make it 
free in fact. 

On motion of Mr. Williams of Caldwell, 
a copy of this resolution was directed to be 



forwarded to the President of the United 
States, and also to the Governors of each of 
the States. 

Mr. Owens moved to postpone the special 
order of the day — being the article on 
Declaration of Rights — until next Saturday 
at 10 o'clock A. M. , which was agreed to. 

On motion of Mr. Holland, the Conven- 
tion resolved itself into a Committee of the 
Whole, to resume consideration of amend- 
ments to the Constitution. After some time 
spent therein, the President resumed the 
chair, and Mr. Filley reported that the 
committee had, according to order, had 
under consideration the amendments to the 
Constitution, and particularly the article on 
Elections and Qualifications of Voters, 
Officers and others, but had come to no 
resolution thereon. 

Mr. Drake, Chairman of the Committee 
on Revision, reported back the article on 
Militia, as corrected ; which report was 
accepted, and on motion, the article was 
ordered to be printed. 

On motion, the Convention adjourned until 
half-past 2 o'clock P.M. 
1 

AFTERNOON SESSION. 

Convention met pursuant to adjournment, 
the President in the chair. 

On motion of Mr. Holland, the Conven- 
tion resolved itself into a Committee of the 
Whole, to resume the consideration of the 
amendments to the Constitution. After 
some time spent therein, the President 
resumed the chair, and Mr. Strong re- 
ported that the committee had, according to 
order, had under consideration amendments 
to the Constitution, and particularly the 
article on Elections and Qualifications of 
Voters, Ofiicers and others, but had come to 
no resolution thereon. 

On motion of ]Mi'. Peck, the Convenrion 
adjourned until half-past 9 o'clock to-mor- 
row morniiiir. 



74 



TAYEISTTY-SEVENTH D^Y. 



Convention met piu'suant to adjournment, 
the President in tlie chaii*. 

Prayer by Rev. Mr. McCook. 

Mr. Green asked leave of absence for 
Ml*. Gilstrap till Saturday next, whicli was 
gi-anted. 

On motion of Mr. Williams of Caldwell, 
the Convention resolved itself into a Com- 
mittee of the Whole, to resume consideration 
of amendments to the Constitution. After 
some time spent therein, the President re- 
sumed the chau', and Mr. Davis of Xoda- 
way reported that the committee had, ac- 
cording- to order, had under consideration 
amendments to the Constitution, and par- 
ticularly the article on Elections and Quali- 
fications of Voters , Officers and others , but 
had come to no resolution thereon . 

On motion, the Convention proceeded to 
the consideration of the article on ]Militia. 

Mr. EvAXS otfered thefollomng substitute 
for the fii'st section : 

The militia of this State shall be composed 
of all male inhabitants of the State of Mis- 
som-i, who are citizens of the United States, 
or who have declared their intention of be- 
coming- citizens of the United States, between 
the ages of eighteen and forty-five years, 
except such as are, or who may hereafter be, 
exempt hj the laws of the United States , or 
of this State. 

Mr. Williams of Caldwell offered the fol- 
lowing amendment to the substitute : 

Amend by inserting' the word ' • white ' ' 
before the word ' ' male . ' ' 

On motion, the amendment of Mr. Wil- 
liams was rejected. 

Mr. Owens offered the following amend- 
ment to the substitute : 

Amend by striking out the words ' ' of the 
United States or, " in the last line. 

Which v/as adopted. 

]Mi\ Green offered the following amend- 
ment to the substitute, which was accepted 
by Mr. Evans: 

Amend by striking out ' • the laws of this 
State, ' ' and substituting the word ' ' law. ' ' 

]Mi* . S wiTZLER offered the following amend- 
ment to the substitute, upon which he de- 
manded the ayes and noes : 



WEDNESDAY, February 8th, 1865. 

Add at the end of the section as follows : 
' '■FrovidecL That all white males who by the 
Constitution or laws of this State are' dis- 
franchised, are exempt from military duty. ' ' 

The vote being taken, stood as follows: 

Ayes — Messrs. Gilbert of Platte, Harris, 
Morton, and S^^itzler — f. 

Xoes — ^jlessrs. Bunce, Bush, Childress, 
Cowden, Da^is of Xodawav. Dodson, 
D'Oench, Drake, Ellis, Esther, Filley; 
Fletcher, Folmsbee. Fulkerson, Gamble, 
Gilbert of Lawrence, Grammer, Green, 
Henderson, Holcomb, Holland, Hughes, 
Hume, Husmann, King, Leonard, Linton, 
McKernan, MePherson, Mack, Martin, 
Meyer, Mitchell, ISTewgent, Xixdorf, Owens, 
Peek, Rankin, Rohrer, Smith of Mercer, 
Strong, Sutton, Swearino-en, Thilenius, 
Weatherby, and Williams of Caldwell— 46. 

Absent — Messrs. Adams, Barr, Bedford, 
Bonham, Budd, Clover, Da^is of New Ma- 
drid, Evans, Foster. Gilstrap, Holds worth, 
St. Gem, Smith of Worth, Williams of Scot- 
land, and]Mi-. President — 15. 

So the amendment was rejected. 

On motion, the substitute, as amended, 
was rejected. 

Mr. Harris offered the following amend- 
ment : 

Add to section first, ' ' except those who 
are in the service of the United States, or 
who have furnished a substitute. ' ' 

Mr. Bush offered as a substitute for this 
amendment the following: 

Strike out the words • ' able-bodied, ' ' and 
add to the end, ' ' except only such persons 
as maj' be exempt by law. ' ' 

On motion, the substitute was rejected. 

On motion, the amendment offered by 
Mr. Harris was rejected. 

Mr. Green offered the following amend- 
ment, Avhich was adopted: 

Amend by adding to section one the words, 
' ' except as may be provided by law. ' ' 

Mr. Holcomb moved that section second 
be stricken from the bill . 

On which motion, Mr. Meyer demanded 
the aj^es and noes, and the vote being taken, 
stood as follows : 

Ayes — Messrs. Bunce, Bush, Cowden, 
Davis of Xodaway, Dodson, Drake, Esther, 
Fulkerson, Gilbert of Lawrence. Green. Hen- 
derson, Holcomb, HoUand, Hume, King, 
Linton. Mack, Morton. Xixdorf. Owens, 
Peck , Eankin, and Weatherb^r — 23 . 

Noes — Messrs. Budd, Davis of New Ma- 



75 



drid, D'Oench, Ellis, Filley, Fletcher, 
Folmsbee, Gain]3le, Gilbert of Platte, Gram- 
mer, Harris, Hugiies, Husmami, Leonard, 
MeKeriian, McPherson, Martin, Meyer, 
Mitchell, ISIewgent, Smith of Mercer, Strong, 
Suttou, Swearing-en, and Thilenius — 25. 

Absent — Messrs. Adams, Barr, Bedford, 
Bonham, Childress, Clover, Evans, Foster, 
Gilstrap, Holdsworth, Eohrer, St. Gem, 
Smith of Worth, Switzler, Williams of Cald- 
vrell, Williams of Scotland, and Mr. Presi- 
dent— 17. 

So the motion to strike out the second sec- 
tion was rejected. 

Ml'. Thilenius offered the following sub- 
stitute for section second : 

The militia shall be divided into two classes. 
The first class shall be styled ' 'Tlie iSTational 
Guards, ' ' and shall consist of all unmarried 
persons, subject to militaiy duty, between 
the ages of eighteen and twenty-live years, 
and all unmarried persons, subject to such 
duty, between the ages of eighteen and forty- 
five years; the second class shall be styled 
•"The Reserves,'- and shall consist of all 
married persons, subject to such duty, be- 
tween the ages of twenty -five and forty -five 
years. 

Wnich substitntewas, on motion, rejected. 

Mr. HusMANN offered the following amend- 
ment, Vv'-hichwas adopted: 

Amend section second by striking out the 
word "twenty-three" wherever it occurs, 
and insert in lieu thereof the word ' 'twenty- 
five." 

Mr. Mack offered the following amend- 
ment: 

Amend section fourth, first line, by striking 
out the word ' ' company , ' ' and insert in place 
thereof the word ' "all; " and in second line of 
section four, strike out, after the word 
" "respective, ' ' the word " -companies, ' ' and 
insert in place thereof the word ''com- 
mands . " 

Pending which, on motion of Mr. Folms- 
BEE, the Convention adjourned until half- 
past 2 o ' clock P . M. 



AFTERNOO]^ SESSIOIST. 

Convention met pursuant to adjournment, 
the President in the chair. 

Mr. Holland demanded the ayes and noes 
on the amendment offered by Mr. Maclv, 
and the vote behig taken, stood as follows: 

Ayes— Messrs. Bedford, Childress, Cow- 
den, Davis of New Madi-id. Esther, Folms- 
bee, Fulkerson, Gilbert of Lawrence. Gilbert 
of Platte, Gramnier, Harris, lIend(U'sou, 
Holland, Hume, Mack, Mitchell, and Mo r- 
tonr-17. 



Noes — Messrs. Budd, Bush, Davis of Nod- 
away, Dodson, Drake, Ellis, Filley, Fletcher, 
Gamble, Green, Holcomb, Hughes, Hus- 
mann. King, Leonard, Linton, McKernan, 
McPherson, Martin, Meyer, Newgent, Nix- 
dorf, Owens, Peck, Sutton, Swearin^'en, 
Switzler, Thilenius, Weatherby, and Wil- 
hams of Caldwell- 30. 

Absent — Messrs. Adams, Barr, Bonham, 
Bunce, Clover, D'Oench, Evans, Foster, 
Gilstrap, Holdsv/orth, Rankin, Rohrer, St. 
Gem, Smith of Mercer, Smith of Wortk. 
Strong, AVilhams of Scotland, and Mr. Presi- 
dent— 18. 

Mr. Owens offered the foUomng amend- 
ment, upon which he demanded the ayes 
and noes : 

Strike out in fourth section the words 
"company officers shall be elected by ballot 
by the members of their respective com- 
panies," in first and second lines, and in- 
sert the word ' ' commissioned ' ' before the 
word "officers' ' in second line. 

The vote being taken, stood as follows: 

Ayes — Messrs. Fletcher, Green. Holcomb, 
Leonard, and Owens — 5. 

Noes — Messrs. Bedford, Bonham, Budd, 
Bunce, Bush, Childress, Davis of Nodaway^ 
Dodson, Drake, Ellis, Esther, Filley, Folms- 
bee, Fulkerson, Gamble, Gilbert of Law- 
rence, Gilbert of Platte, Grammer, Harris, 
Henderson, Holland, Hughes, Hume, Hus- 
mami, King, Linton, McKernan, McPher- 
son, Mack, Martin, Meyer, Mitchell, Mor- 
ton, Newgent, Nixdorf, Peck, Rankin, 
Rohrer, Smith of Mercer, Swearingen, Thi- 
lenius, Weatherby, and Williams of Cald- 
well— 43. 

Absent — ^Messrs. Adams, Barr, Clover, 
Cowden, Davis of New Madrid, D'Oench, 
Evans, Foster, Gilstrap, Ploldsworth, St. 
Gem, Smith of Worth, Strong, Sutton, 
Switzler, Williams of Scotland, and Mr. 
President — 17. 

So the amendment was not adopted. 
Mr. Weathekby' offered the follomng 
amendment, which was rejected: 

Insert after the word '"Governor," in 
line third , "on recommendation of the Ihie 
officers . ' ' 

Mr. Holland offered the following amend- 
ment : 

Amend section four by striking out after the 
word ""companies," "in second line, all 
down to the word " "commanding, " * in third 
line, and insert in lieu thereof. ^" -field offi- 
cers by the company officers of their com- 
mand, and brigadier generals by the field 
officers of their respective militarv dis- 
tricts." 

Mr. Holland demanded the ayes and noes 
on his amendment, which being taken, the 
vote stood as follows: 



76 



Ayes— Messrs. Bedford, Bush, Childress, 
Cowden, Dodson, Esther, Folmshee, Ful- 
kersou, Gilbert of La^^Tence, Gilbert of 
Platte, Grammer, Harris, Henderson, Hol- 
land, Hughes, Hume, Mack, Mitchell, Mor- 
ton, Smith of Mercer, and Swearingen — 21. 

Noes — Messrs. Bonham, Budd, Bunce, 
Da-\is of Xodaway, Drake, Ellis, Fletcher, 
Gamble, Green, Holcomb, Husmann, King, 
Leonard, McKernan, McPherson, iSTewgeiit, 
Xixdorf, Owens, Peck, E.ankin, Rohrer, 
Thilenius, Weatherby, and Williams of 
Caldwell— 24. 

Absent — Messrs. Adams, Barr, CloTer, 
Davis of New Madrid, D'Oeuch, Evans, 
Filley, Foster, Gilstrap, Holds worth, Lin- 
ton, Martin, Meyer, St. Gem, Smith of 
Worth, Strong, Sutton, Switzler, Williams 
of Scotland, and Mr. President— 20 . 

So the amendment was rejected. 
Mr. Rankin offered the following as a 
substitute for section four : 

Officers of the militia shall be elected, or 
appointed and commissioned, in such a man- 
ner as may be approved by law. Command- 
.iug officers of battalions, Regiments, or bri- 
gades, shall select their own respective staff 
officers . 

Which was, on motion, rejected. 

The question being on the passage of the 
fourth section, Mr. Mack demanded the ayes 
and noes, which being taken, the vote stood 
as follows : 



Ayes — Messrs. Bonham, Bunce, Bush, 
Cowden, Davis of Nodaway, Drake, Ellis, 
Filley, Fletcher, Gamble, "^ Green, Hender- 
son, Holcomb, Husmann, King, Leonard, 
McKernan, McPherson, Meyer, Newgent, 
Nixdorf, Owens, Peck, Roliier, Swearingen, 
and Sutton — 26. 

Noes— Messrs. Bedford, Childress, Da\is 
of New Madrid, Dodson, Esther, Evans, 
Folmsbee, Fulkerson, Gilbert of Lawrence, 
Gil])ert of Platte, Grammer, Harris, Hol- 
land, Hughes, Hume, Mack, Mitchell, Mor- 
ton, Rankin, Smith of Mercer, Weatherbv, 
and Williams of Caldwell— 22. 

Absent — Messrs. Adams, Barr, Budd, 
Clover, D'Oench, Foster, Gilstrap, Holds- 
worth, Linton, Martin, St. Gem, Smith of 
Worth, Strong, Sutton, Switzler, Williams 
of Scotland, and Mr. President — 17. 

So the fom-th section was adopted. 

]Mr. Clover moved that the Convention 
adj ourn . Motion lost . 

Mr. Bedford oifered the follo^nng amend- 
ment : 

Amend by striking out sections number 2, 
3, 4, 5, 7 and 8, and insert in the sixth sec- 
tion, after the word "discipline," in the 
first line, the w^ords "and officering. ' ' 

On motion, the Convention adjourned 
until half-past 9 o'clock to-morrow morn- 
ing. 



twetstty-eighth: d^y. 



THURSDAY, February 9th, 1865. 



Convention met pursuant to adjournment, 
the President in the chair. 

The pending amendment, offered hy Mr. 
Bedford to the Militia bill, was taken up. 

Mr. Williams of Caldwell offered the fol- 
lowing amendment to Mr. Bedford's amend- 
ment: "Retain section eight,'- which was 
accepted by Mr. Bedford. 

Mr. Owens called for a division of the 
question , so that the vote could be taken by 
suigle sections. 

The President decided the call out of 
order. 

Mr. Owens appealed from the decision of 
the President, and the Couvention sustained 
the President's decision. 



Mr. Meyer demanded the ayes and noes 
on the pending amendment, and the vote 
being taken, stood as follows: 

Ayes — Messrs. Bedford, Childress, Cow- 
den, Da^ds of New Madrid, Dodson, Drake, 
EUis, Esther, Evans, Fletcher, Folmsbee, 
Fulkerson, Gilbert of Lawrence, Gilbert of 
Platte, Grammer, Green, Harris, Hender- 
son, Holland, Hughes, Hume, Husmann, 
King, Linton, McKernan, McPherson, aMack^ 
Mitchell, Morton, Nixdorf, Owens, Ranldn, 
Smith of Mercer. Switzler, Thilenius, 
Weatherby, and Wilhams of Caldwell— 37. 

Noes — Messrs. Bonham, Budd, Bunce, 
Davis of Nodaway. D'Oench, Filley, Gamble, 
Holcomb, Leonard. Martin, Meyer, New- 
gent, Peck, Smith of Worth, Strong, Sutton, 
Swearingen, Williams of Scotland, and Mr. 
President— 19. 



7T 



Absent — Messrs. Adams, Barr, Bush, 
Clover, Foster, Gilstrap, Holds worth, 
Rohrer, and St . Gem — 9 . 

So the amendment was adopted. 
Mr. Green offered the following amend- 
ment: 

Amend by striking out all after the second 
section, and adopt the following in lieu 
thereof: 

Section 3. The General Assemblj^ shall 
provide by law for the organization of the 
militia into companies, battalions, regiments, 
and brigades or di\asions ; for the oliicering 
of the same , and for their pay , when called 
into active service . 

Sec. 4. There shall be no higher grade 
than a major general; the number of major 
generals sliail not exceed two , and of briga- 
dier generals not exceedingjeight. J^ 

On motion of Mr. Gkeen, the question was 
divided, and the vote ordered on section 
three; on which, Mr. Meyer demanded the 
ayes and noes, which being taken, the vote 
stood as follows : 

Ayes — Messrs. Gamble, Green, and Mr. 
President — 3 . 

Noes— Messrs. Bedford, Bonham. Budd, 
Bunce, Bush, Childress. Cowden, Davis of 
New Madrid, Davis of Nodaway, Dodson, 
D'Oench, Drake, Ellis, Esther, Evans, 
Filley, Fletcher, Folmsbee, Fulkerson, Gil- 
bert of Lawrence, Gilbert of Platte, Gram- 
mer, Harris, Henderson, Holcomb, Holland, 
Hughes, Hume, Husmann, King, Leonard, 
Linton, McKernan, McPherson, Mack, 
Martin, Meyer, Mitchell, Morton, Newgent, 
Nixdorf, Owens, Peck, liankin. Smith of 
Mercer, Smith of Worth, Strong, Sutton, 
Swearingen, Switzler, Thilenius, VVeatherby, 
Wilhams of Caldwell, and Williams of Scot- 
land — 54. 

Absent — Messrs. Adams, Barr, Clover, 
Foster, Gilstrap, Holdsworth, Rohrer, and 
St. Gem— 8. 

So sectioji third of the amendment was 
rejected. 

Mr. Green then withdrew the fourth sec- 
tion of his amendment. 

Mr. Ellis offered the following amend- 
ment, w^hich was adopted: 

Amend section second b}^ striking out the 
word ' -thirty-five, ' ' in fifth line, and insert 
in lieu thereof the word • '•forty-live ; ' ' also 
strike out all after tlie word '''of," in the 
sixth Ihie, to the word ' 'all, ' ' in the seventh 
line. 

On motion of Mr. Drake, the article on 
Militia was ordered to be engrossed for a 
third reading. 

On motion of Mr. Drake, the Convention 
resolved itself into a Committee of tlie 



Whole, to resume the consideration of 
amendments to the Constitution. After 
some time spent therein, the President re- 
sumed the chair, and Mr. Owens reported a 
substitute, offered by Mr. Krekel, for the 
eighteenth and twentj^ -sixth sections of the 
article on Elections and Qualifications of 
Voters , Officers , and others , with the recom- 
mendation that said substitute be printed; 
and further reported, that the Committee had 
had under consideration the article on the 
Judicial Department, but had come to no 
resolution thereon. 

Mr. Drake moved that the substitute re- 
ported by the committee be printed, accord- 
ing to the recommendation of the Committee, 
which motion was adopted. 

On motion of Mr. Gilbert of Lawrence, 
the Convention adjourned until half-past 2 
o'clock P. M. 

AFTERNOON SESSION. 

Convention met pursuant to adjournment, 
the President in the chair. 

The President announced the following 
gentlemen as the Engrossing Committee : 
Messrs. Budd, Ellis, and Husmann. 

On motion of Mr. Owens, the Convention 
resolved itself into a Committee of the 
Whole, to resume the consideration of 
amendments to the Constitution. After 
some time spent therein, the President re- 
sumed the chair, and Mr. Budd reported 
that the Committee had, according to order, 
had under consideration amendments to the 
Constitution, and particularly the article on 
the Legislative Department, but had come to 
no resolution thereon . 

Mr. D'Oench, Chairman of the Committee 
to procure furniture and to decorate the hall, 
subnntted the following report: 

The committee appointed to procure fur- 
niture and decorate the hall, beg leave most 
respectfully to report that they have dis- 
charged that duty, by accepting proposition 
of Mercantile Library Hall Association, made 
to Mr. Drake, and fuVnitnre from II. II. Cur- 
tis, as per bill rendered ($821) 25). AN'hich Mr. 
Curtis proposes to take back if returned in 
sixty davs from the Srh ol Januarv, allowing 
therefor the sum of $000 . 
Cost of furniture under above pro- 
position would cost the Stale $229 25 

Parsons cS: Co., for work in decora- 
tion of hall, and use of tlags, to 
be returned within sixty days 50 00 

Am't carried forward $279 25 



78 



Am ' t broil oiit forward $ 279 25 

C. G. Thalmann & Co. , stationeiy.. 44 55 

Moody, Micliel & Co., soap 8 40 

JoiiiiO. Godding-, carpenter work.. 12 50 
Warne, Cheever & Co., spittoons 

and sundries 70 60 

F. Hafivemeyer & Co. , matting 740 56 

$1,155 86 

We recommend tlie passage of the follow- 
ing resolution. 

W. D'OEXCH, Ghahmian. 

Resolved^ That the bills and accompanying 
pax^ers be turned over to the Committee on 



Accounts, with instructions to audit and pay 
the same. 

On motion, the report and accompany- 
I ing resolution were received and adopted. 

On motion of Mr. Smith of Worth, the 
Secretary was authorized to procure one 
hundred additional copies of the report of 
the Committee on the Legislative Depart- 
ment, for the use of the Convention. 

On motion of Mr. Bunce, the Conven- 
tion adjourned until half past 9 o'clock 
to - m orr o w m o rn i n 2: . 



T^V^E^TY-ISriN"TH I3^^.Y. 



FEIDAY. Febeuary 10th, 1865. 



Convention met pursuant to adjournment, 
the President in the chair. 

Prayer by Rev. Dr. Post. 

Leave of absence was granted to Mr. 
Holds worth until Monday morning. 

Mr. Smith of Worth oifered the following- 
resolution : 

Resolved, That the reporter for the Demo- 
crat be expelled from this body. 

After debate, Mr. Smith of Worth with- 
drew his resolution. 

On motion of Mr. Budd, the folio vring 
memorial was read for information : 

To His Excellency the President of the United 
States^ and the Honorable the Sejiate and 
House of Representatives of the United. States, 
in Congress assembled : 

The Convention of this State respectfully 
memorialize you, to grant to the State the 
means to pay her military debt; and base 
their application on the following facts : 

That the vrhole of said debt h'as been in- 
curred by the State in support of the general 
government and the cause of the Union, and 
-without which expenditure, on the part of 
the State, the Government of the United 
States would have had to maintain a force at 
great expense to protect the Union people 
of the State ; that in their efibrts to remain 
in the Union, and to perpetuate our govern- 
ment, our people have had to bea^r great 
losses and burthens, with little ability to 
bear up under them ; that our State has' for 
the last four years been devastated by war, 
preventing the raising of crops, or doing 
anything to enable them to pay taxes; that, 
in 'their "effort to remain in tlie Union , this 
State has emancipated her people hitherto 
held in bondage, and, as a consequence, cur- 



tailed a portion of the labor of the State, and 
that this labor it ^\ill take time to replace; 
that, in consideration of our condition 
and the justice of the claim, we earnestly 
appeal to the Government to grant, without 
delay, the legislation necessary to enable us 
to discharge this debt in full. 

On motion of Mr. Drake, the memorial 
was adopted, and the Secretary was ordered 
to furnish to the President of the United 
States, and each member of Congress from 
this State, a certified copy of the same. 

On motion of 'Mr. Drake, the Convention 
resolved itself into a Committee of the Whole, 
to resume the consideration of amendment* 
to the Constitution. After some time spent 
therein, the President resumed the chair, 
and Mr. Fulkeesox reported that the com- 
mittee had, according to order, had under 
consideration amendments to the Constitu- 
tion, and particularly the article on the 
Legislative Department, but had come to 110 
resolution thereon. 

Mr. Mack asked leave of absence for Mr. 
Grammer for ten days, which was granted. 

On moMon of ]\Ir. Owens, the Convention 
adjourned until half-past 2 o'clock P. M. 



AFTERNOON SESSION. 

Convention met pursuant to adjournment, 
the President in the chair. 

Mr. Davis of Nodaway demanded a call of 
the house, which Avas ordered, and the fol- 
lowing gentlemen answered to their names : 



79 



Messr:?. Biidd, Bimce, Cbildress, Cowdeii, 
Da\ds of iS;oda\vay, Dodsoii, Fletciier, 
Folmsbee, Fulkersou, Gamble, Gilbert ofj 
Lawrence, Hoicomb, Holland, Hughes, 
Hume, Husmami, King, Leonard, McKer- 
nan, Mac-k, Martin, Meyer, Newgent, Nix- 
dorf, Owens, Peck, Eankin, Smith of Worth, 
Sutton, Swearingen, Williams of Caldwell, 
and Mr. President — 32. 

On motion, further proceedings under the 
call were dispensed with. 

The President caused to be read for 
information a letter from Colonel E. B. 
Alexander, respecting the United States 
enrollment in this State. 

Ml'. Smith of Worth asked for the reading 
of a letter on the same subject, from Howard 
T. Combs, of Bethany, Mo., which was 
read for information, and, on motion, laid 
on the table. 

The Engrossing Committee made trie fol- 
lo\\dng report: 

Mr. President — The Engrossing Com- 
mittee beg leave to make the following re- 
port: That they have had the article entitled 
an article on Militia truly engrossed. 

GEO. HUSMANN,_ 

One, of the Committee. 

On motion of Mr. Drake, the third section 
of the Militia bill was stricken out. 

On motion of Mr. Bush, the vote on 
striking out section third was reconsidered. 

Mr. Drake then witlidrew his motion to 
strike out. 

Mr. Kankin offered the following amend- 
ment, wdiich was read the first and second 
time, and adopted: 

Amend section third^ first line, by striking 
out the words ' 'disciphning and officering, '^ 
and insert the words "organizing, equip- 
ping and disciplining. ' ' 

Mr. Smith of Worth offered the following 
amendment, whicli was rejected: 

Amend by striking out section second. 

Mr. Green ofiered the following amend- 
ment, which was adopted: 

Amend section second, in fifth line, after 
the word years, and insert "'except such 
unmarried persons of the ages lierehi men- 
tioned as are the sole support of intirm 
parents, or a family, shall be enrolled witli 
the second class." 



Mr. 



moved to reconsider tiie vot(! 



by which section first of the Militia bill was 
adopted in the Convention, which motion 
was rejected. 

Mr. Meyer ofiered the following amend- 
ment, whhih was decided out of order: 



Strike out all after the word "State, ' ' in 
first section and last line. 

On motion of JMi*. Bonham, the article on 
Militia, as amended, was referred back to 
the Committee on Engrossing. 

Mr . Peck asked leave of absence for Mr . 
Sutton for five days, which was granted. 

Mr. Owens asked leave of absence for Mr. 
Fletcher for two days, Avhich was granted. 

Mr. Martin asked leave of absence for 
four days for Mr. Gamble, which was 
granted. 

Mr. Mack moved that Mr. Grammer be 
relieved from further duty on the Committee 
of Accounts, which motion was adopted. 

Mr. Gilbert of Platte asked leave of ab- 
sence for Mr. Harris, which w^as granted. 

Mr. Meyer ofiered the following resolu- 
tion : 

Resolved, That the Committee on Accounts 
be, and are hereby, instructed not to pay 
any member, absent mthout leave after next 
Tuesday, for days during which he is so 
absent. 

Mr. Owens moved to lay the resolution on 
the table; on which motion, Mr. Drake de- 
manded the ayes and noes, and the vote 
being taken, stood as follows: 

Ayes — Messrs. Bedford, Bunce, Bush, 
Clover, D'Oench, Evans, Fletcher, Folms- 
bee. Gamble, Gilbert of Platte, Green, 
Harris, Hoicomb, Hughes, King, Linton. 
McKernan, Martin, "^ Morton, " Xixdorf. 
Ow^ens, Smith of Mercer, Smith of Worth. 
Strong, and Weatherby — 25. 

jSToes — Messrs. Bonham, Budd, -Childress. 
Cowden, Davis of Nodaway, Dodson, Drake, 
Filley, Fulkerson, Gilbert of Lawi-ence. 
Holland, Hume, Husmann, Mack, Meyer. 
Newgent, Peek, Eankin, Eohrer, Sutton, 
Swearingen, Thilenius. Williams of Cald- 
well, W^iiiiams of Scotland, and 3Ir. Presi- 
dent — 25. 

Absent — Messrs. Adams, Barr, Davis of 
New Madrid, EUis, Esther, Foster, Gilstrap, 
Grammer, Henderson, Holdswortii, Leonard, 
McPherson, Mitchell, St. Gem. and SAvitz- 
ler — 15 . 

So the motion to lay on the table wa? 
rejected. 

Mr. Clover moved to adjourn; on which 
Mr. BoNHAaM demanded the ayes and noes, 
and the vote being taken, stood as follows: 

Ayes— Messrs. Bedford, Budd, Childress, 
Clover, Cowden, Dodson. Evans. Fletcher. 
Gamble, Harris. Hughes, McPherson, ^lack. 
iMartin. Xixdorf, Smith of ]\rercer. Strong, 
Sutton, anil AVilliams of Scotland — ID. 

Noes— Messrs. Bonham, Bunce. Bush, 
Davis of Nodaway, D'Oench, Drake. Filley, 



80 



Folmsbee, Fulkerson, Gilbert of Lawrence, 
Gilbert of Platte, Green, Holconib, Holland, 
Hume, Hiismami, King, Linton, Meyer, 
Morton, Newgent, Owens, Peek, Rankin, 
Kohrer, Smith of Wortli, Swearingen, 
Thilenius, Weatherby, Williams of Cald- 
well, and Mr. President — 31. 

Absent — Messrs. Adams, Barr, Da^ds of 
XewMadrid, Ellis, Esther, Foster, Gilstrap, 
Grammer, Henderson, Holdsworth, Leonai'd, 
McKernan, Mitchell, St. Gem, and Switz- 
ler — 15. 

So the Convention refused to adjourn. 

The question being on the adoption of the 
resolution of Mr. Meyer, Mr. Owens demand- 
ed the ayes and noes, which being taken, 
the vote stood. as follows: 

Ayes — Messrs. Bonham, Davis of Noda- 
way, Drake, Filley, Folmsbee, Fulkerson, 
Gilbert of Lawrence, HoUand. Peck, Rankin, 
Thilenius, and Williams of Caldwell — 12. 

Noes — Messrs. Bedford, Budd, Bunce, 
Bush, Childress, Clover, Cowden, Dodson, 
D'Oench, Evans, Fletcher, Gamble, Gil- 
bert of Platte, Green, Harris, Holcomb, 
Hughes, Hume, Husmann. King, Linton, 
McKernan, McPherson, Mack, Meyer, 
Morton, Newgent. Nixdorf, Owens, Rolirer, 
Smith of Mercer, Smith of Worth, Strong, 
Sutton, Swearinw'en, Weatherbjs Williams 
of Scotland, and Mr. President— 38. 

Absent — Messrs. Adams, Barr, Da-sds of 
New Madrid, Ellis, Esther, Foster, Gil- 
strap, Grammer, Henderson, Holdsworth, 
Leonard, Martin, Mitchell, St. Gem, and 
Switzler — 15 



So the resolution was rejected. 

Mr. Thilenius asked leave of absence for 
Mr. McPherson for three days, which was 
granted . 

Mr. Williams of Caldwell offered the fol- 
lowing resolution, which w^as declared out of 
order : 

Resolved. That the Sergeant-at-arms be 
ordered to bi'ing the members of the city 
into the Convention each day. 

Mr. Holcomb offered the follo\\ing reso- 
lution, which was adopted: 

Resolved^ That the Secretary be, and is 
hereby instructed to furnish the Committee 
on Accounts with the names of members ab- 
sent without leave. The committee desire 
instruction whether or not they are entitled 
to pay. 

On motion of Mr. Harris, the Committee 
on Printing was instructed to inquire, and 
report to-morrow morning at 10 o'clock, the 
cost of two thousand additional copies of the 
report of the Committee on Finance. 

Mr. Bonham offered the following resolu- 
tion : 

Resolved^ That no leave of absence shall be 
granted, miless for sickness in the lamily of 
the member asking leave, after the 15th in- 
stant. 

Pending which, on motion of Mr. Drake, 
the Convention adjourned until half-past 9 
o'clock to-morrow morning. 



THIRTIETH DA.Y. 



SATURDAY, February Uth, 1865. 



Convention met pursuant to adjournment, 
the President in the Chair. 

Mr. Drake demanded a call of the house, 
which was ordered, and the following gen- 
tlemen responded to their names: 

Messrs. Bedford, Bonham, Bunce, Chil- 
dress, Cowden, Davis of Nodaway, Dodson, 
Drake, Folmsbee, Fulkerson, Gilbert of 
Lawrence, Gilbert of Platte. Green, Hol- 
comb, Hume, King. Leonard, Linton, Mack, 
Martin, Meyer, Mitchell. Nixdorf , Peck , 
Rankin, Smith of Mercer, Smith of Worth, 
Strong, Swearingen, Williams of Caldwell, 
Williams of Scotland, and Mr. President — 32. 

Absent without Leave — Messrs. Budd, 
Bush, Clover, D'Oench, Ellis, Evans, Fil- 
ley, Fletcher, Holland, Hughes, Morton, 



Owens, Rohrer, S^\i.tzler, Thilenius, and 
Weatherby— 16. 

Absent"^ with Leave — Messrs . Adams , 
Barr, Davis of New Madrid, Foster, Gam- 
ble, Gilstrap, Grammer, Hariis, Holds- 
worth, McKernan, McPherson, St. Gem, 
and Sutton — 13. 

Excused — Mr. Husmann — 1. 

Sick — Messrs. Esther, Henderson, and 
Newgent^ — 3 . 

Mr. Green moved to suspend further pro- 
ceedings under the call of the house, w^hich 
motion was disagreed to. 

The acting Sergeant-at-arms reported the 
following members as having come in since 
the call commenced: 



81 



Messrs. Budcl, Bush, Clover, EUis, Filley, 
Hughes, and Thileiiius — 7. 

Mr. Drake moved to suspend further pro- 
ceedings under the call of the house, which 
motion was disagreed to. 

Mr. Green moved to adjourn; on which 
motion Mr. Drake demanded the ayes and 
noes, and the vote being taken, stood as 
follows : 

Ayes — Messrs. Bedford, Evans, G-ilbert of 
Platte, Grreen, Hughes, Leonard, Linton, 
Mack, Martin, Strong, Switzler, and Weath- 
erby — 12. 

Noes — Messrs. Bonham, Budd, Bunce, 
Bush, Childress, Clover, Cowden, Davis of 
Nodaway, Dodson, D'Oench, Drake, Ellis, 
Filley, Folmsbee, Fulkerson, Gilbert of 
Lawrence, Holcomb, Holland, Hume, King, 
Meyer, Mitchell, Morton, Nixdorf, Peck, 
Kankin, Swearingen, Thilenius, Williams of 
Caldwell, Williams of Scotland, and Mr. 
President— 31. 

Absent — Messrs. Adams, Barr, Da\ds of 
New Madrid, Fletcher, Foster, Gamble, 
Gilstrap, Grammer, Harris, , Holds worth, 
Husmami, McKernan, McPherson, Owens, 
Rolirer, St. Gem, Smith of Mercer, Smith 
of Worth, and Sutton— 19. 

Sick — Messrs. Esther, Henderson, and 
Newgent — 3. 

So the Convention refused to adjourn. 

On motion of Mr. Bu§h, further proceed- 
ings under the call of the house were dis- 
I>ensed with . 

Mr. Bedford asked leave of absence for 
Mr. Davis of New Madrid, for eight or ten 
days, on account of sickness in his family, 
which was granted . 

Mr. Bush asked leave of absence for Mr. 
Husmann, for two days, on account of sick- 
ness in his family, which was granted. 

Ml". Filley, Chairman of the Committee 
on Printing, made the following report in 
answer to a resolution of yesterday : 

The Committee on Printing report the 
cost of additional copies of the Finance Re- 
port, in pamphlet form, at thirty-live dollars 
per thousand; and for the report in bill form 
at six dollars per thousand . 

Ml'. Drake moved that two thousand 
copies of the Report of the Committee on 
Finance, with the articles reported by said 
committee appended, in pamphlet form, be 
printed and furnished for the use of the 
Convention, which motion was disagreed to. 

Mr. Drake oalled for the regular order of 
business for the day, being the Declaration 
of Rights as amended by the Committee of 
the Whole, which was then taken up by 
the Convention . 



Mr. Bush offered the following amend- 
ment, which was read the fii'st and second 
time: 

Strike out the 9th, 10th, 11th, 12th, and 
13th sections, and insert in lieu thereof the 
following : 

Sec. 9. That all men have a natural and 
indefeasible right to worship Almighty God 
according to the dictates of their own con- 
sciences; that no man can be compelled to 
erect, support, or attend, any place of wor- 
ship, or to maintain any minister of the 
gospel, or teacher of religion; but whatever 
contracts any person may enter into for any 
such object, ought, in law, to be binding 
and capable of enforcement, as other con- 
tracts ; that no human authority can control 
or interfere with the rights of conscience; 
that no person can ever be hurt, molested, 
or restrained in his religious j)rofessions, 
sentiments, or i3ractice, unless, under the 
color of religion, he endangers the good 
order, peace, or safety of the State, or dis- 
turbs others in their religious worship. 

Sec. 10. That no person, on account of 
his religious opinions, can be rendered ineli- 
gible to any office of trust or profit under 
this State, nor be deprived of any civil 
rights, privileges, or capacities; that no 
preference can ever be given, by law, to any 
church, sect, or mode of worship. 

Sec. 11. That no religious corporation 
can be established in this State; but provi- 
sion may be made by general laws for secur- 
ing the title to church property, so that it 
shall be held and used for the purposes 
intended . 

Mr. Drake offered the following amend- 
ment to the amendment, which was read the 
first and second time : 

Strike out of section eleven the words, 
"but provision may be made by general 
laws for securing the title to ehiu'ch property, 
so that it shall be held and used for the pm-- 
poses intended. ' ' 

Mr. Owens offered the following resolu- 
tion, which was, on motion of Mr. Drake, 
laid on the table : 

Resolved, That this Convention will adjourn 
sine die on Monday, February 27tli, at 12 M. 

Mr. Bunce asked leave of absence for 
himself for days; which was granted. 

Mr. Green asked that the leave of absence 
granted Mr. Gilstrap be extended till next 
Saturday; which was done. 

Mr. Hughes moved to acljoiu-n till Mon- 
day morning at half-past 10 o'clock; on 
which, Mr. Owens demanded the ayes and 
noes, and the vote being taken, stood as 
follows : 

Ayes— Messrs. Adams, B?»dford. Bunce, 
Bush, Clover, Ellis, Folmsbee, Gilbert of 



82 



Platte, Green, Holcomb, Hughes, Leonard, 
Martin, Mitchell, Morton, Nixdorf, Rankin, 
Rohrer, Strong, and Switzler — 20. 

Noes — Messrs. Bonham, Childress, Cow- 
den, Da-sds of Nodaway, Dodson, D'Oench, 
Drake, Evans, Filley, Fulkerson, Gilbert 
of Lawrence, Holland, Hume, King, Lin- 
ton, Mack, Meyer, Owens, Peck, Smith of 
Mercer, Smith of Worth, Swearino-en, Thi- 
lenius, Williams of Caldwell, Williams of 
Scotland, and ]Mi\ President — 26. 

Absent — Messrs. Barr, Budd, Davis of 
New Madrid, Fletcher, Foster, Gamble, 
Gilstrap, Grammer, Harris, Holdsworth, 
Husmann, McKernan, McPherson, St. Gem, 
Sutton, and Weatherby — 16. 

Sick — Messrs. Esther, Henderson, and 
Newgent — 3 . 

So the motion to adjourn was rejected. 

On motion of Mr. Davis of Nodaway, 
the Convention adjourned until half-past 2 
o'clock P. M. 



AFTERNOON SESSION. 

Convention met pursuant to adjournment, 
tlie President in the chair. 

Mr. Rankin asked leave of absence for 
Mr. Rohrer for this afternoon, which was 
granted . 

The Cj[uestion being on the passage of Mr. 
Drake's amendment to the amendment of 
Mr. Bush, Mr. Drake withdrew his amend- 
ment. 

Mr. Green offered the following amend- 
ment to the amendment of Mr. Bush, which 
was read the first and second time, and 
accepted by Mr. Bush: 

Amend section eleven by striking out 
all after ' ' State, ' ' in second line, and sub- 
stituting the following in lieu thereof: 
■"Except that the General Assembly may, 
by a general law, provide for the incorpora- 
tion of religious societies or congregations, 
so as to enable them, through trustees of 
:their own choosing, to purchase, acquire, 
hold, or transfer such property as may be 
required for church buildings, parsonages, 
or bui'ial grounds, and for no other pur- 
pose . ' ' 

Mr. Bush, by request of Mr. Krekel, 
struck out of his amendment to section ten 
the words ' ' or capacities ' ' after the word 
' 'privileges, ' ' and inserted the word '■ 'and' ' 
before the word ' ' privileges . ' ' 

The question being on the amendment of 
Mr. Bush, as modified by the amendments 
of Mr. Green and Mr. Krekel, Mr. Drake 
demanded the ayes and noes, which being 
taken, the vote stood as follows: 



Ayes — Messrs. Bedford, Bush, Childress, 
Clover, Gilbert of Lawrence, Gilbert of 
Platte, Green, Holcomb, Holland, King, 
Linton, McKernan, Mack, Meyer, Morton, 
Nixdorf, Owens, Thilenius, Weatherby, 
Williams of Caldwell, and Mr. President — 
21. 

Noes — Messrs. Adams, Bonham, Budd, 
Bunce, Cowden, Davis of Nodaway, Dod- 
son, Drake, Esther, Evans, Filley, Folms- 
bee, Fulkerson, Hume, Leonard, Martin, 
Mitchell, Peck, Rankin, Smith of Mercer, 
Smith of Worth, Strong, Svrearingen, Smtz- 
ler, and Williams of Scotland — 25. 

Absent — Messrs. Barr, Davis of New 
Madrid, D'Oench, Ellis, Fletcher, Foster, 
Gamble, Gilstrap, Grammer, Harris, Holds- 
worth, Hughes, Husmann, McPherson, 
Rohrer, St. 'Gem, and Sutton — 17. 

Sick — ^JMessrs. Henderson and Newgent — 2. 

So the amendment was rejected. 

Mr. Gilbert of Lawrence asked leave of 
absence for this evening, which was granted. 

Mr. Drake offered the following amend- 
ment, which was read the first and second 
time, and adopted: 

Amend section nine hj inserting in line 
four, after the word "testifying," the 
words ' " that no human authority can con- 
trol or interfere with the rights of con- 
science . " 

Mr. Drake ofiered the following amend- 
ment, which was read the first and second 
time, and rejected: 

Amend the ninth section by striking out 
of the seventh and eighth lines the words 
''or infringe the lavv's of morality," and 
insert in lieu thereof the words ' ' or ofi'end 
against public morals . ' ' 

Mr. Davis of Nodaway moved to adjourn, 
which motion was lost . 

Mr. Holland ofiered the following amend- 
ment, Vv^hich was read the first and second 
time : 

Strike out in seventh and eighth lines, 
after the word "State," in seventh line, 
' ' or infringe the laws of morahty. ' ' 

Mr. Drake demanded the ayes and noes, 
which being taken, stood as follows: 

Ayes— Messrs. Adams, Bedford, Bush, 
Cowden, Filley, Green. Holcomb, Holland, 
Hughes, King',' Leonard, Linton, jMcKer- 
nan, Martin, Meyer, Mitchell, Nixdorf, 
Owens, Rohrer, Thilenius, Weatherby, 
Williams of Caldwell, and Mr. President — 
23. 

Noes — Messrs. Bonham, Bunce, Chil- 
dress, Clover, Davis of Nodaw^ay, Dodson, 
Drake, Esther, Evans, Folmsbee, Fulker- 
son, Gilbert of Platte, Hume, Mack, Mor- 
ton, Peck, Rankin, Smith of Mercer, 
Smith of Worth, Strong, Swearingen, 
Switzler, and Wilhams of Scotland— 23. 



83 



Absent — Messrs. Barr, Budd, Davis ot 
New Madrid, D'Oench, Ellis, Fletcher, 
Foster, Gamble, Gilbert of La\\Tence, Gil- 
strap, Grammer, Harris, Holdswortli , Hus- 
mann, MePherson, St. Gem, and Sutton— 19. 

Sick — Messrs . Henderson and Newgent . 

So the amendment was rejected. 

Mr. Meyer ofiered the following resolu- 
tion : 

Resolved^ That in the opinion of this Con- 
vention it is wholly inexpedient, and would 
be dangerous to the peace and safety of the 
people of Missouri, for martial law to be 
removed from this State. 

The resolution was unanimously adopted. 
Mr. OwExs gave notice that on Monday he 



would introduce an amendment to the thir- 
teenth rule . 

On motion of Mr. Owens, the following 
resolution was unanimously adopted : 

Resolved, That a committee of three be ap- 
pointed by the President to present to the 
commander of the Division of the Missoui^i 
the resolution adopted by this Convention 
relative to martial law in this State . 

The President appointed Messrs. Owens, 
Meyer, and Green said committee. 

On motion of Mr. Strong, the Conven- 
tion adjourned until Monday morning next 
at half-past 9 o'clock. 



THIRTY-FIRST D_A.Y. 



MONDAY, Ferruahy 13th, 1865. 



Convention met pursuant to adjournment, 
the President in the chair. 

Prayer bj^Eev. Mr. Kj'le. 

Mr. Meyer moved to reconsider the vote 
of Satm-day, on the resolution to print 
two thousand copies of the report of the 
Committee on Finance, which motion was 
agreed to. 

On motion of Mr. Holcomb, the resolu- 
tion was amended to read as follows : 

That two thousand copies of the report 
of the Committee on Finance be printed in 
pamphlet form, and furnished for the use 
of the Convention. 

The resolution, as amended, was then 
adopted. 

Mr. Bonham's resolution, relative to 
leaves of absence, was called up, and, on 
motion of Mr. St. Gem, it was laid on the 
table. 

Mr. Owens offered the following resolu- 
tion, which was read for information, and 
laid over under the rules governing the Con- 
vention : 

Resolved^ That the following be adopted 
as an amendment to the thirteenth rule, by 
adding thereto the words, ' 'nor at any time 
for a longer period than ten mmutes. ''' 

Mr. Drake offered the foD owing preamble 
and resolutions: 



Whereas, In the message of Abraham 
Lincoln, President of the United States, to 
Congress, on the 10th inst., communicating 
the facts and documents in regard to the 
recent conference with rebel Commissioners 
at Hampton Roads, there is found a letter of 
instructions from him to the Secretary of 
State, wherein the President directed" the 
Secretary to make known to said Commis- 
sioners that three things are indispensable, 
to -wit: 

'•'• First — The restoration of the national 
authority throughout all the States: 

' ' Second — No receding by the Executive 
of the United States, on the slavery question, 
from the positions assumed thereon in the 
late annual message to Congress, and in the 
preceding documents : 

' ' Third — No cessation of hostilities short 
of an end of the war, and the disbanding 
of all forces hostile to the Government.'" 

And whereas, this Convention deem it 
proper that this clear announcement by the 
National Executive of the terms upon which 
peace may be restored should be noticed by 
this body; therefore. 

Resolved, by the Representatives of the People of 
the State of Missouri, in Convention assembled. 
That we do unqualiliedly approve, uphold 
and sustain President Lincoln in the declara- 
tion of those terms, and do thank him for so 
plainh' laying down the only basis upon 
which, in our jud^^'ment, a peace can be 
made which will be lionorable to the United 
States, permanent ni its duration, and true 
to the cause of freedom. 

Rcsolrcd, That deeply as ^lissouri has suf- 
fered by the war of the rebellion, we unhesi- 



84 



tatinglv pledge lier loyal people to stand up 
to the*^ Xational Government to the last 
extremity in prosecuting the war until peace 
shall be "^established, and, if need be, con- 
quered on that basis. 

Resolved^ That a committee of seven be 
appointed to communicate these resolutions 
to President Lincoln . 

Mr. SwiTZLER moved that the preamble 
and resolutions ofiered by Mr. Drake be laid 
on the table ; that one hundred copies be 
printed for the use of this body, and that it 
be made the special order of the day for to- 
morrow morning at 10 o 'clock. 

The motion was rejected. 

Mr. SwiTZLER moved to amend by striking 
out of the first resolution the word ' 'only ; ' ' 
on which Mr. Gilbert of Platte demanded 
the ayes and noes, and the vote being taken, 
stood as follows: 

Ayes — Messrs. Gilbert of Platte, Morton, 
and Switzler — 3. 

Noes — Messrs. Adams, Bonham, Budd. 
Bush, Childress, Clover, Cowden, Davis of 
Nodaway, Dodson, D'Oench, Drake, Ellis, 
Evans, Filley. Folmsbee, Foster, Fulker- 
son, Gilbert of Lawrence , Green , Holcomb, 
Holland, Hughes, Hume, Husmann, King, 
Leonard, Linton, McKernan, Mack, Mar- 
tin, Meyer, 31itchell, Newgent, Nixdorf, 
Owens, Peck, Eankin, Bohrer, St. Gem, 
Smith of Mercer, Smith of Worth, Sti'ong, 
Swearingeu, Thilenius, Weatherby, Wil- 
liams of Caldwell, Williams of Scotland, and 
Mr. President— 48. 

Absent — Messrs. Barr, Bedford, Bunce, 
Davis of jSTew Madrid, Fletcher, Gamble, 
Gilstrap, Grammer, Harris, Holds worth, 
McPherson, and Sutton — 12. 

SiCK—Messrs. Esther and Henderson— 2. 

So the amendment was rejected. 

The question being on the passage of the 
preamble and resolutions, INIi*. Drake de- 
manded the ayes and noes, which being 
taken, stood as follows: 

Ayes — ^Messrs. Adams, Bedford, Bonham, 
Budd, Bush, Childress, Clover, Cowden, 
Davis of Nodaway, Dodson, D'Oench, 
Drake, Ellis, Evans, Filley, Folmsbee. Foster, 
Fulkerson, Gilbert of Lawrence, Gilbert of 
Platte, Green, Holcomb, Holland, Hughes, 
Hume, Husmann, Kino-', Leonard, Linton, 
McKernan, Mack, Martm, Meyer, Mitchell, 
Morton, Newgent, Nixdorf, Owens, Peck, 
Eankiu, Eohrer, St. Gem, Smith of Mercer, 
Smith of Worth, Strong, Swearingen, 
Switzler, Thilenius, Weatherby, Williams of 
Caldwell, Williams of Scotland, and 31r. 
President— 52. 

Noes — None. 

Absent — Messrs. Barr, Bunce, Davis of 
New Madiid, Fletcher, Gamble, Gilstrap, 



Grammer, Harris, Holds worth, McPherson, 
and Sutton — 11. 
Sick — Messrs. Esther and Henderson — 2. 

So the preamble and resolutions were 
unanimously adopted. 

The President appointed the follomng 
gentlemen as a committee to communicate 
^^-ith the President of the United States, as 
provided for in the resolutions: Messrs. 
Drake, Folmsbee, Ellis, Mack, D'Oench, 
Leonard, and St. Gem. 

Mr. Owens called up the resolution offered 
by him relative to amending the thirteenth 
rule governing the Convention, it having 
been laid over under an error. 

Mr. Budd, Chairman of the Engrossing 
Committee, reported back the article on 
^Militia as truly engrossed. 

Mr. Clo^t^r moved to lay the resolution 
of Mr. Owens on the table, and on that mo- 
tion Mr. Holland demanded the ayes and 
noes , and the vote being taken , stood as fol- 
lows : 

Ayes — Messrs. Adams, Bonham, Clover, 
Davis of Nodaway, Folmsbee, GUbert of 
Lawrence, Gilbert of Platte, Martin, and 
Strong— 9. 

Noes — Messrs. Bush, Cowden, Dodson, 
D'Oench, Drake, Evans, Filley, Foster, 
Fulkerson, Green. Holcomb, Holland, 
Hughes, Hume, Husmann. King, Leonard, 
Linton, McKernan. Mack, Mitchell, Mor- 
ton, Newgent, Nixdorf, Owens, Peck, 
Rankin, Eohrer, St. Gem, Smith of Mercer, 
Smith of Worth, Swearino-en, S"'Aitzler, 
Thilenius, Weatherby. Wimams of Cald- 
well, Williams of Scotland, and Mr. Presi- 
dent— 38. 

Absent — Messrs. Barr, Bedford, Budd, 
Bunce, Childress, Davis of New Madrid, 
Ellis, Fletcher, Gamble, Gilstrap, Grammer, 
Harris, Holdsworth, McPherson, Meyer, 
and Sutton — 16. 

Sick — Messrs. Esther and Henderson — 2. 

So the Convention refused to lay the reso- 
lution on the table . 

Mr. Bush moved to amend the resolution 
by striking out the word '-ten," and in- 
serting the word 'twenty" in lieu thereof. 

Mr. Smith of Worth moved to amend the 
amendment by striking out the word ' 'twen- 
ty, " and inserting the word ' 'fifteen. ' ' 

Mr. Bush accepted Mr. Smith's amend- 
ment. 

On motion of Mr. Owens, the resolution, 
as thus amended, was adopted. 

On motion of Mr. Davis of Nodaway, 
the Convention adjourned until half-past 2 
o'clock, P. M. 



85 



AFTERNOON SESSION. 

Conyeiition met pursuant to adjournment, 
the President in the chair. 

The resokition offered by Mr. Bonham, 
relative to granting leave of absence to mem- 
bers, was called up, and, on motion of Mr. 
Owens, was laid on the table. 

Mr. Newgent presented a petition from 
citizens of Jackson county, relative to dis- 
loyal office-holders, which was read for 
information, and, on motion of Mr. Bush, 
referred to the Committee on the Judicial 
Department. 

On motion of Mr. Newgent, the Conven- 
tion took up the article on Militia, as re- 
ported back from the Engrossing- Committee . 

Mr. Krekel offered the following as a 
substitute for the article on Militia: 

Section 1. All able-bodied male inhabi- 
tants of tins State, between the ages of 
eighteen and forty -five years, who are citi- 
zens of the Unitell States, or have declared 
their intention to become citizens of the 
United States, shall be liable to military duty 
in the militia of this State , and there shall 
be no exemption from such duty, except 
such persons as the General Assembly may, 
by law, exempt. 

Sec. 2. The militia shall be divided into 
two classes. The fkst class shall consist of 
those between the ages of eighteen and 
twenty-live years, and the second of those 
between the ages of twenty-five and forty- 
five years. The General Assembly shall, by 
law, provide for the organization of the 
militia, and for the paying of the same, 
when called into actual service; but there 
shall be no officers appointed above the grade 
of brio-adier general; nor shall the}'' exceed 
eight in number. 



Sec. 3. A Military Board of Examiners 
shall be appointed by the Governor, by and 
with the consent of the Senate, and no com- 
mission shall be issued to any militia officer 
unless having first passed the examination of 
such Board. 

Mr. Drake offered the following amend- 
ment of the substitute, which was read and 
accepted by Mr. Krekel: 

Strike out, in section first, all after the 
word "except," and insert in lieu thereof 
the followino-: "Persons laboring under 
mental disability, and such persons as the 
General Assembly may, hy law, exempt. ' ' 

Mr. Strong offered the following amend- 
ment to section first : 

Strike out the words ' 'civil officers, ' ' and 
insert the word ' 'x)ersons. ' ' 

Which was accepted by Mr. Krekel. 

On motion of Mr. Owens, the rule requir- 
ing the bill to be engrossed was suspended, 
and the bill passed to its third reading. 

Mr. Peck offered the following amend- 
ment : 

Strike out all down to the words ' ' General 
Assembly. ' ' 

Which, on motion, was rejected. 

On motion of Mr. Owens, the substitute 
for the Militia bill , offered by Mr. Krekel, as 
amended, was adopted, and referred to the 
Committee on Revision. 

Mr. HoLCOMB asked leave of absence 
for Mr. Meyer, for two days, which was 
granted . 

On motion of Mr. Owens, the Convention 
adjom-ned until half-past 9 o ' clock to-morrow^ 
morning. 



THIRTY-SECOISrD r)A.Y. 



Convention met pursuant to adjournment, 
the President in the chair. 

Mr. Evans moved to reconsider the vote 
by which Mr, Bush's amendment to the 
Declaration of Rights was rejected. 

Mr. Drake moved to lay the motion on 
the table, and demanded the ayes and noes 
thereon . 

Islr. Owens moved a call of the house, 
which being ordered, the following members 
esponded to their names : 



TUESDAY, February 14th, 1865. 

Messrs. Bedford, Bonham, Budd, Chil- 
dress, Cowden, Davis of Nodaway. Dodson. 
Drake, Ellis, Esther. Evans, Folmsbee. 
Foster, Fiilkerson, Gilbert of Lawrence. 
Gilbert of Platte, Green, llolcomb. Holds- 
wortli, Holland, Hughes, Hume, Husmann, 
King, McKernan, " JMePherson, 3lnitin. 
Mitchell, Morton. Newgent, Nixdorf. Owens, 
Peck, Rankin, Rohrer", St. Gem, Smiih of 
Mercer, Strong, Swearingen. Thilenius. 
AVentherby, Williams of Caldwell, and ^Ir. 
President— 43. 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Davis of New Madrid, Fletelier, 



86 



Gamble, Gilstrar), Grammer, Harris, and 
Meyer— 10. 

Absent avithout Leave — Messrs. Bush, 
Clover, D'Oench, Filley, Leonard, Linton, 
Sutton, Switzler, and Williams of Scotland— 9. 

Sick — Messrs. Henderson, Mack, and 
Smith of Worth— 3. 

On motion of Mr. Hughes, further pro- 
ceedings under the call of the house were 
dispensed with. 

Ml*. Drake withdrew his motion to lay 
the motion of Mr. Evans on the table; and 
thereupon i!kli'. Evans withdrew his motion 
to reconsider the vote by which the amend- 
ment of Mr. Bush w^as rejected. 

On motion of Mr. Husmann, the special 
order of the day, being- the Declaration of 
Rights as amended by the Committee of the 
Whole , was taken up . 

Mr. Husmann offered the following amend- 
ment : 

Amend section fii'st, first line, hy striking 
out the words ' 'equally free, ' ' and inserting 
in lieu thereof the words "personally free, 
but that in the exercise of their j)olitical and 
religious rights they shall be classed accord- 
ing to color and religion. ' ' 

]Vlr. Owens moved to amend the amend- 
ment, by striking out the words "and reli- 
gious ; ' ' which was rejected . 

Mr. Hughes offered the following amend- 
ment : 

Amend section nine by inserting after the 
w^ord "testifying," in the fourth Une, the 
words ' 'or serving as juror. ' ' 

Mr. Peck moved to amend by adding to 
the amendment, ' 'provided said person be- 
lieve in the existence of a God ; ' ' which was 
rejected. 

The question then being on the amend- 
ment offered by Mr. Hughes, Mr. Williams 
of Caldwell demanded the ayes and noes, 
and the vote being taken, stood as follows: 

Ayes — Messrs. Bush, Clover, Dodson, 
D'Oench, Drake, Evans, Foster, Fulkerson, 
Gilbert of Lawrence, Gilbert of Platte, 
Green, Holcomb, Holdsworth, Holland, 
Hughes, Hume, Husmann, McKernan, 
Mcpherson, Morton, ]Newgent, Mxdorf, 
Eohrer, St. Gem, Thileniiis, Williams of 
Caldwell, Williams of Scotland, and Mr. 
President— 28. 

Xoes — Messrs. Budd, Childress, Cowden, 
Dayis of Nodaway, Ellis, Esther, Folmsbee,. 
King, Linton, Martin, Mitchell, Peck, Pan- 
kin, Smith of Mercer, Strong, and Swearin- 
gen — 16. 

" Absent — Messrs. Adams, Barr, Bedford, 
Bonliam, Bunce, Davis of New Madrid, 
Filley, Fletcher, Gamble, Gilstrap, Gram- 



mer, Harris, Leonard, Meyer, Owens, Sut- 
ton, Switzler, and Weatherby— 18 . 

Sick — Messrs. Henderson, Mack, and 
Smith of Worth— 3. 

So the amendment was agreed to . 
Mr. Gilbert of Lawrence offered the fol- 
lowing amendment : 

Amend section nine by striking out aU 
after the word ' ' State, ' ' in the seventh line, 
to the end. 

Mr. Mitchell offered the following 
amendment, which was decided out of or- 
der: 

Amend section nine, lines seven and eight, 
by striking out the words • ' or infringe the 
laws o± morality." 

Mr. Green offered the folloA\ing as a sub- 
stitute for the amendment of Mr. Gilbert of 
Lawrence, which was accepted by Mr. Gil- 
bert : 

Amend section nine, line seven, by insert- 
ing after the word "of " the words ' 'society 
or," and strike out all that follows after 
"State." 

The question then being upon the amend- 
ment offered by Mr. Gilbert of Lawrence, 
Mr. Green demanded the ayes and noes 
thereon, and the vote being taken, stood as 
follows : 

Ayes— Messrs. Bedford, Bush, D'Oench, 
Foster, Gilbert of Lawrence, Gilbert of 
Platte, Green, Holcomb, Hughes, Hus- 
mann, Linton, McKernan, Martin, Mitchell, 
Morton, Nixdorf, Owens, Rohrer, St. Gem, 
Thilenius, and Williams of Caldwell — 21. 

Noes — Messrs. Childress, Clover, Cow- 
den, Da^is of Nodaway, Dodson, Drake, 
Ellis, Esther, Evans, Fletcher, Folmsbee, 
Fulkerson, Holdsworth, Holland, Hume, 
King, McPherson, Newgent, Peck, Rankin, 
Smith of Mercer, Strong, Swearingen, Wil- 
liams of Scotland, and Mr. President — 25. 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Davis of New Madrid, Gam- 
ble, Gilstrap, Grammer, Harris, Mever, 
and Sutton— 10. 

Absent without Leave — Messrs. Budd, 
Filley, Leonard, and Switzler — 4. 

Sick — Messrs. Bonham, Henderson, Mack, 
Smith of Worth, and Weatherby— 5. 

So the amendment was rejected. 

Mr. Green offered the following amend- 
ment: 

Amend section first by striking out the 
words in the first and second lines, ' 'created 
equally free , and are . ' ' 

On motion of Mr. Bedford, the Conven- 
tion adjoui'ned until half-x)ast 2 o'clock 
P.M. 



8T 



AFTERNOON SESSION. 

Conventiou met pursuant to adjournment, 
the President in the chair. 

The pending amendment offered by Mr. 
Green was taken up; on which Mr. Drake 
demanded the ayes and noes, and the vote 
being taken, stood as follows: 

Ayes — Messrs. Bedford, Bush, Clover, 
Cowden, Esther, Foster, Gilbert of Platte, 
Green, Holcomb, Holland, Huglies, Leon- 
ard, McKernau, Mitchell, Morton, Nixdorf, 
Owens, Strong, Switzler, Thilenius, and 
Mr. President>-21. 

Noes — Messrs. Bonham, Budd, Childress, 
Davis of Nodaway, Dodson, Drake, Evans, 
Folmsbee, Fulkerson, Gilbert of Lawrence, 
Holdsworth, Hume, Husmann, King, Mc- 
Pherson, Newgent, Rankin, St. Gem, 
Smith of Mercer, Swearingen, Williams of 
Caldwell, and Williams of Scotland — 22. 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Davis of New Madrid, Gam- 
ble, Gilstrap, Grammer, Harris, Meyer, 
Martin, Feck, and Sutton— 12. 

A B S E IVT W I T H O U T L E A V E — McSSrS . 

D'Oench, EUis, Filley, Fletcher, Linton, 
and Rohrer — 6. 

Sick— Messrs. Henderson, Mack, Smith 
of Worth, and Weatherby— 4. 

So the amendment was rejected. 

Mr. Dkake moved to suspend the rule 
which requires a majority of two -thirds, to 
enable him to offer an additional rule, which 
motion was agreed to. 

Jlr. DiiAKE offered the following additional 
rule, which was read: 

That any amendment to any proposition 
may bo Laid on the table by vote, without 
taking the proposition with it. 

Mr. BuDD offered the following as a 
substitute for the rule proposed by Mr. 
Drake, w^hich was read, and accepted by 
Mr. Drake: 

When a motion is made to lay on the table 
an amendment of any original proposition, 
or to amend a pending amendment, and such 
motion to lay on the table shall prevail, it 
shall not have the effect of lajing the original 
proposition, or the pending amendment, on 
the table. 

On motion, this rule was adopted. 

Mr. Clover offered the following amend- 
ment : 

Amend by inserting the words "of vicin- 
age" after the word "jury," in the fifdi 
line of the eighteenth section. 

Which was adopted. 

Mr. Husmann offered the following amend- 
ment, Avhich, on motion of Mi-. Drake, 
was laid on the table : 

Amend section one, first line, by striking 



out the last syllable of the word ' 'equally, ' ' 
and also the word "free," after that syl- 
lable . 

Mr. Drake moved to reconsider the vote 
of last Saturday on the motion made by 
him to amend the ninth section, by striking 
out the words ' ' or infringe the laws of 
morality, ' ' and inserting, in lieu thereof, the 
words ' 'or offend against public morals. ' ' 

Mr. Strong moved to lay the motion to 
reconsider on the table, and demanded the 
ayes and noes thereon, which being taken, 
the vote stood as follows : 

Ayes — Messrs. Bonham, Dodson, Folms- 
bee, Leonard, McPherson, Morton, Peck, 
Rankin, Smith of Mercer, Strong, Switzler, 
and Williams of Scotland — 12 . 

Noes — Messrs. Bedford, Budd, Bush, 
Childress, Clover, Cowden, Davis of Noda- 
way, D'Oench, Drake, Esther, Evans, Fos- 
ter, Fulkerson, Gilbert of Lawrence, Gil- 
bert of Platte, Green, Holcomb, Holds- 
worth, Holland, Hughes, Hume, Husmann, 
King, Linton, McKernan, Martin, Mitchell, 
Newgent, Nixdorf, Owens, Rohrer, St. 
Gem, Swearingen, Thilenius, Williams of 
Caldwell, and Mr. President— 36 . 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Davis of New Madrid, Gam- 
ble, Gilstrap, Grammer, Harris, Meyer, 
and Sutton— 10. 

Absent without Leave — ^JVIessrs. Ellis, 
Filley, and Fletcher— 3. 

Sick — Messrs. Henderson, Mack, Smith 
of Worth, and V»^eatherby — 4. 

So the motion to lay on the table was re- 
jected. 

The question then being on jMr. Drake's 
motion to reconsider, Mr. Drake demanded 
the ayes and noes thereon, which being 
taken, the vote stood as follows: 

Ayes — Messrs. Bedford, Budd, Bush. Chil- 
dress, Clover, D'Oench, Drake, Esther, 
Evans, Foster, Fulkerson, Gilbert of Law- 
rence, Gilbert of Platte, Green, Holcomb, 
Holdsworth, Holland, Flume, Husmann, 
King, Linton, McKernan, McPherson, Mar- 
tin, Mitchell, Morton, Newgent, Nixdorf, 
Owens, Rohrer, St. Gem, S\vitzler, Thile- 
nius, Williams of Caldwell, and 3Ir. Presi- 
dent — 35 . 

Nays— Messrs. Bonham, Davis of Noda- 
way, Dodson, Folmsbee, Leonard, Peck, 
Raiikin, Smith of Mercer. Strong, Swenriu- 
gen, and Williams of Scotland — 11. 

Absext, with Leave — Messrs. Adams, 
Barr, Bunce Davis of New ^ladrid. Gamble, 
Gilstrap, Crammer, Harris, 3lever, and 
Sutton— 10. 

Abskxt without Leave— Messrs. Cow- 
den, Ellis. Filley, Fletcher, and Hughes — 5. 

Sick— 3[essrs. "Henderson, Mack, Sniiih of 
AVorth, and Weatherby — 4. 

So the motion to reconsider prevailed. 



88 



The question then recurred upon the mo- 
tion of 3Ii'. Drake to amend the ninth section, 
by striking- out the words ' ' or infringe the 
laws of morality, ' ' and insert in lieu thereof, 
the words ' ' or offend ao-ainst public morals." 

On which, ^Lr. Krekel demanded tlie 
ayes and noes, which being taken, the vote 
stood as follows : 

Ayes— :Messrs. Bedford. Budd. Bush. 
Clover, D'Oench, Drake. Ellis, Evans. Fos- 
ter. Fulkerson. Gilbert of Lawrence, Gilbert 
of Platte, Green. Holcomb. HoUand, Hume, 
Husmann. King, Linton. 3IcKernan, 3Ic- 
Pherson. Martin, Mitchell. Morton, Xew- 

fent. Xixdorf. Owjens, iJohi-er. St. Gem. 
trong. Switzler, Thilenius. TTilllams of 
Caldwell, and Mr. President— 34. 

]SoES — Messrs. Bonham. Childress. Da^is 
of Xodaway, Dodson. Esther, Filley, Folms- 
bee, Holdsworth. Leonard. Peck,' Eankin, 
Smith of Mercer. Sweariugen, and WiUiams 
of Scotland— 14. ' 

Absext with Leave — 3[essrs. Adams, 
Barr, Bunce, Davis of Xew Madrid. Gamble. 
Gilstrap, Grammer. Harris. Mej'er. and 
Sutton— 10. 

Absext without Leave — Messrs. Cow- 
den, Fletcher, and Hup-hes — 3. 

Sick — Messrs. Henderson, Mack, Smith 
of T\'orth. and Weatherby — 1. 

So the amendment was adopted. 

Mr. OwExs moved that the vote just taken 
be reconsidered; and also moved that the 
motion to reconsider be laid on the table. 
which latter motion was agreed to . 

Mr. Strong moved to amend section 
twenty-fifth by striking out all after the word 
' •comfort' " in the second line, and demanded 
the ayes and noes thereon; and the vote 
being taken, stood as follows: 

Ayes — Messrs. Bonham. Budd, Bush, 
DavisofXodawav. Dodson, D'Oench, Drake, 
EUis. Filley, Folmsbee. Fulkerson. Gilbert 
of Lawrence. Green, Holdsworth, Holland, 
Husmann, Kiuo\ Leonard. 3IcKernan, Mc- 
Pherson. Martin. 3Iitchell. Xewgent, Xix- 
dorf. Peck. Eankin. Kohrer, St. Gem. 
Smith of Mercer. Strong, Swearingen. Wil- 
liams of Caldwell, and Wilhams" of Scot- 
land— 33. 

2^0ES — Messrs. Bedford, Childress, Cow- 
den, Esther. Evans. Foster, Gilbert of 
Platte, Huo-hes. Plume, Linton, Morton. 
Owens. Switzler, Thilenius, and Mi*. Presi- 
dent — 15. 

Absext with Leave — Messrs. Adams, 
Barr. Bunce, Davis of Xew Madrid, Gam- 
ble. Gilstrap. Grammer, Harris, Meyer, 
and Sutton — 10. 

Absext without Leave — ^Messrs. Clover, 
Fletcher, and Holcomb — 3. 

Sick— Messrs. Henderson, 3Iack, Smith of 
Worth, and AVeatherby — 1. 

So the amendment was adopted . 



Mr. Boxha:si moved that the vote just 
taken be reconsidered ; and also moved that 
the motion to reconsider be laid on the table , 
which latter motion was agreed to . 

Mr. Bush offered the follo\^ing amend-, 
ment : 

Amend section tr^-enty-first by adding 
thereto the words, "nor shall the punishment 
of death be inflicted. ' ' 

Mr. Smith of Mercer moved to lay the 
amendment offered by Mr. Bush on the table ^ 

Mr. Bush demanded the ayes and noes, 
and the vote being taken, stood as follows: 

Ayes — Messrs. Da\is of Xodaway, Dod- 
son. Drake, Ellis. Esther, Evans. Folmsbee, 
Fulkerson. Holdsworth, Holland, Hume, 
Linton, McPherson. Martin. Xewgent, Peck, 
Rankin, Smith of Mercer, Swearmgen, Switz- 
ler— 20. 

XoES — ^]SIessrs. Bedford, Bonham, Bush, 
Chilch'ess. Clover. Cowden, D'Oench. Fos- 
ter. Gilbert of Lawrence, Gilbert of Platte, 
Green. Hughes. Husmann. King. McKer- 
nan. Mitch'ell, Morton. Xixdorf, Owens, 
Eohi'er. St. Gem. Sti'ong. Thilenius, Wil- 
liams of Scotland, and Mr, President — 25. 

Absext vriTH Leave — Messrs. Adams, 
Barr. Bunce, Davis of Xew3Ladrid, Gamble, 
Gilstrap. Grammer, Harris. Mever, and 
Sutton— 10. 

Absent without Leave — Messrs. Budd, 
Fillev. Fletcher, Holcomb, Leonard, and 
WiUfams of CaldweU— 6. 

Sick— Messrs. Henderson. Mack. Smith of 
Worth, and Weatherby — 1. 

So the motion to lay on the table Avas re- 
jected. 

The question then being on the adoption 
of the amendment offered by Mr. Bush, Mr. 
Bush demanded the ayes and noes, and the 
vote being taken, stood as follows : 

Ayes— Messrs. Bedford. Bush. Clover, 
Cowden. D'Oench. Foster. Green. Hughes, 
Husmann. Martin. Xixdorf, Owens, 
Eohrer. Thilenius. and Mr. President — 15. 

XoES— Messrs. Bonham. Childress, Davis 
of Xodaway, Dodson, Drake, Ellis, Esther, 
Evans. Folmsbee., Fulkerson. Gilbert of 
Lawrence. Gilbert of Platte, Holcomb, 
Holdsworth, Holland. Hume. King. Leon- 
ard, Linton, McKernan. McPherson. 3Iorton, 
Mitchell-. Xewgent. Peck. Eankin, St. Gem, 
Smith of Mercer, Strong. Swearingen, 
Switzler. and Williams of Scotland— 32. 

Absext with Leave — Messrs. Adams, 
Barr. Bunce, Da^is of Xew Madrid. Gam- 
ble. Gilstrap, Grammer. Harris, Meyer, and 
Sutton— 10. 

Absext without Leaat: — Messrs. Budd, 
Fillev. Fletcher, and WiUiams of Cald- 
weU-^. 

Sick — Messrs. Henderson, Mack, Smith of 
Worth, and Weatherby — 4. 

So the amendment was rejected. 



89 



Ml'. BoNHAM moyed that the article on 
Declaration of Rights be ordered to be 
engrossed for a third reading . 

Pending which, Mr. Bush ottered the fol- 
lowing amendment : 

Amend by striking out sections twelve and 
thirteen. 

Pending which, Mr. Clover moved to 
adjourn; on which motion, Mr. Holland 
demanded the ayes and noes, which being- 
taken, the vote stood as follows: 

Ayes — Messrs. Bedford, Childress, Clo- 
ver, Cowden, Ellis, Esther, Folmsbee, Fos- 
ter, Gilbert of Lawrence, Gilbert of Platte, 
Holcomb, Hume, Leonard, McKernan, 
Martin, Morton, Mxdorf, Owens, Peck, 
Rankin, Rohrer, Smith of Mercer, Strong, 
and Williams of Scotland — 24. 



Noes — Messrs. Bonham, Bush, Davis of 
Xodaway, Dodson, D'Oench, Drake, Evans, 
Fulkerson, Green, Holdsworth, Holland, 
Hughes, Husmann, King, Linton, McPher- 
son, Mitchell, Newgent, St. Gem, Swear- 
ingen, Thilenius, and Mr. President — 22. 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Davis of New Madrid, Gam- 
ble, Gilstrap, Grammer, Harris, Meyer, and 
Sutton — 10. 

Absent without Leave — Messrs. Budd, 
Filley, Fletcher, Switzler, and Williams of 
Caldwell — 5 . 

Sick — Messrs . Henderson , Mack , Smith of 
Worth, and TV eatherby — 4. 

So the motion to adjourn was agreed to; 
and the Convention adjourned until half- 
past 9 o'clock to-morrow morning. 



THIRTY-THIRD DA."Y". 



WEDNESDAY, February 15th, 18(55. 



Convention met pursuant to adjournment, 
the President in the chair . 

Prayer by Rev. Mr. Cole. 

Mr. Drake offered the following resolu- 
tion: 

Resolved^ That the people of Missouri, in 
authorizing, \)j a majority of more than 
thirty thousand votes, the holding of this 
Convention, and in electing the members 
thereof, in our opinion, intended and ex- 
pected not only that slavery should be abol- 
ished and disloyalists disfranchised, but that 
the Constitution of this State, framed nearly 
forty -five years ago, for a slave State of less 
than se^-^enty thousand inhabitants, should 
be carefull}' re^dsed and amended, so as to 
adapt it to a free State of more than a mil- 
lion of inhabitants ; and that such revision , 
amendment, and adaptation should be made 
in such manner as to the people's rei)re- 
sentatives here assembled should seem 
expedient. 

Resolved, That we will proceed, as rap- 
idly as may be consistent with due delibera- 
tion and proper care for the public good, to 
perform, in all its parts, tlie duty devolved 
upon us, confident that the people will not 
complain of the time occupied therein, and 
trusting that our work, when completed, 
will vindicate itself before them. 

Mr. Foster oftered the following as a 
substitute for the resolutions of Mr. Drake : 

Resolved, That the loyal people of Missouri , 
in the opinion of this Convention, did not, 



at the election, and do not now, expect or 
desire us to revise or remodel the whole 
Constitution of the State; but, on the con- 
trary, to adopt amendments on the subject 
of emancipation, and the disfranchisement 
of rebels, and such others as the public 
good demand, and adjomii. 

Mr. Bush offered the following as a sub- 
stitute for the proposition of Mr. Foster, 
which Mr. Foster accepted: 

Resolved^ That the proceedings and debates 
of this Convention, during the past five weeks, 
have satisfied a majority of its members that 
this Convention should not attempt to amend 
the present old Constitution, except by such 
amendments as have become absolutely 
necessary: 1st, by changing this State from 
a slave State into\a free'State ; and further. 
2d, to protect the purity of the ballot-box; 
and lastly, such other "amendments about 
which there is scarcely any diversity of 
opinion among us ; and that we should 
I'efrain from all amendments about which 
this Convention is almost equally divided, 
and for which this time of Avar is by no 
means propitious. 

Mr. Bi'SH moved to lay the original pro- 
position and substitute on the table; on which 
motion Mr. Drake demanded the ayes and 
noes . 

On motion of Mr. Boniiaa[. the Conven- 
tion adjourned until half-past 2 o'clock 
P. M. 



90 



AFTERXOOX SESSION. 

CoiiTentiou met pursuant to adjournment, 
the President in the chair. 

The ayes and noes having been demanded 
on the motion to lay on the table the reso- 
lutions of Mr. Drake and the substitute of 
Mr. Foster, the vote being taken, stood as 
follows : 

Ayes — ^INIessrs. Bush, Clover, D'Oench, 
Ellis, Esther, Fletcher, Foster, Gilbert of 
Platte, Holcomb. Holland, Husmann, Leon- 
ard, Linton, Martin, Morton, jSTewgent, 
Mxdorf, Rohrer, St. Gem, S^\itzler, Thile- 
nius, Weatherbv, Williams of Caldwell, and 
Mr. President— 24. 

I^J'OES — Messrs. Bonham, Budd, Childress, 
Cowden, Davis of Nodaway, Dodson, Drake, 
Evans, Fillej^ Folmsbee^ Fulkerson, Gil- 
bert of Lawrence, Henderson, Holdsworth, 
Hughes, Hume, King, McKernan, McPher- 
son, Owens, Peck, Smith of Mercer, Smith 
of Worth, Strong, Swearingen, and Williams 
of Scotland— 26. 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Davis of New Madrid, Gam- 
ble, Gilstrap, Grammer, Harris, Meyer, and 
Sutton— 10. 

Absext without Leave — Mr. Green — 1. 

Sick— 3Iessrs. Bedford, Mack, MitcheU, 
and Kankin — i. 

So the motion to lay on the table was re- 
jected. 

The question then beii:!g on adopting the 
substitute ottered by Mr. Foster, Mr. Drake 
demanded the ayes and noes thereon, which 
being taken, the vote stood as follows: 

Ayes — Messrs. Bush, D'Oench, Foster, 
Gilbert of Platte, Holland, Husmann, Lin- 
ton, Martin, Morton, Nixdorf, Owens, St. 
Gem, Switzler, and Thilenius — 14. 

Noes — Messrs. Bonham, Budd, Childress, 
Clover, Cowden, Da^is of Nodaway, Dod- 
son, Drake, Esther, Evans, Filley, Fletcher, 
Folmsbee, Fulkerson, Gilbert of Lawrence, 
Henderson, Holcomb, Holdsworth, Hughes, 
Hume, King, Leonard. McKernan, Mcl^her- 
son, Newgent, Peck. Smith of Mercer. Smith 
of Worth, Strong, Swearingen, Weatherby, 
Williams of Caldwell, Williams of Scotland, 
and Mr . President— 34 . 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Da^is of New MacMd, Gamble, 
Gilsti-ap, Grammer, Harris, Meyer, and Sut- 
ton— 10. 

Absent without Leave— Messrs . Ellis, 
Green, and Eohrer — 3. 

Sick — Messrs. Bedford, Mack, Mtchell, 
and Eankin — 1. 

So the substitute was rejected. 

The question then being on the adoption 
of Mr. Drake's resolutions, Mr. Owens 
moved their indefinite postponement; on 
which motion Mr. Drake demanded the 



ayes and noes, which being taken, the vote 
stood as follows : 

Ayes — ^Idessrs. Bush, D'Oench, Foster, 
Gilbert of Platte, Holcomb, Husmann, Lin- 
ton, Martin, Morton, Newo-ent, Nixdorf, 
Owens, St. Gem, Switzler, Thilenius, Weath- 
erbv, Wmiams of Caldwell, and JMr. Presi- 
dent— 18. 

Noes — Messrs. Bonham, Budd, Childress, 
Clover, Cowden, Davis of Nodawaj', Dod- 
son, Drake, Esther, Evans, Filley, Fletcher, 
Folmsbee, Fulkerson, Gilbert of Lawrence, 
Henderson, Holdsworth, Holland, Hughes, 
Hume, King, Leonard, McKernan, Mc- 
Pherson, Peck, Smith of Mercer, Smith of 
AYorth, Strong, Swearingen, and Williams 
of Scotland — 30 . 

Absent with Leave — Messrs. Adams, 
Bunce, Davis of New Madrid, Gamble, Gil- 
strap, Grammer, Harris, Meyer, and Sut- 
ton-10. 

Absent without Leave — Messrs. Ellis, 
Green, and Eohrer — 3. 

Sick — Messrs. Bedford, Mack, Mitchell, 
and Eanldn— 4. 

So the motion to postpone indefinitel}^ was 
rejected. 

The question then being on the adoption 
of Mr. Drake's resolution, Mr. Folmsbee 
demanded the ayes and noes thereon, which 
being taken, the vote stood as follows: 

Ayes— Messrs. Bonham, Budd, Childress, 
Clover, Cowden, Davis of Nodaway, Dod- 
son, Drake, Esther, Evans, Filley, Fletcher, 
Folmsbee, Fulkerson, Gilbert of Lawrence, 
Henderson, Holdsworth, Hughes, Hume 
King, Leonard, McKernan, McPherson, 
Peck, Smith of Mercer, Smith of Worth, 
Strong, Swearingen, and Williams of Scot- 
land— 29. 

Noes— Messrs. Bush, D'Oench, Foster, 
Gilbert of Platte, Holcomb, Holland, Hus- 
mann, Linton, Martin, 3Iorton, Newgent, 
Nixdorf, Owens, St. Gem, Switzler, Thi- 
lenius. Weatherby, Williams of Caldwell, 
and Mr. President — 19. 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Da\4s of New 3Iadrid, Gamble, 
Gilstran, Grammer, Harris, Meyer, and 
Sutton— 10. 

Absent without Leave — Messrs. Ellis, 
Green, and Eoln-er — 3. 

Sick — Messrs. Bedlbrd, Mack, MitcheU, 
and Eankin — 4. 

So the resolutions were adopted . 

The motion of Mr. Bonham, relative to 
the article on Declaration of Eights, being 
referred to the Engrossing Committee, pre- 
paratory to a third reading, was called up, 
and the motion was agreed to . 

]\Ir. Budd moved to adjourn, which mo- 
tion was disagreed to . 

On motion of Mr. Owens, the Convention 
resolved itself into a Committee of the 



91 



Whole, to resume tlie consideration of 
amendments to the Constitution. After 
some time spent therein, the President re- 
sumed the cliair, and Mr. Holds worth 
reported that the Committee had, according 
to order, had under consideration amend- 
ments to the Constitution, and x)articularly 
tlie article on the Legislative Department, 
but had come to no resolution thereon. 

Mr. G-REEN offered the following substi- 
tute for the article on Elections and Qualifi- 
cations of Voters , Officers , and others, with 
a request that it be printed and made the 
special order for Friday next: 

ARTICLE — . 

Elections, Qualifications of Voters, and others. 

Section 1. After the adoption of this 
Constitution, all general elections shall be 
held biennially, commencing on the Tuesday 
after the first "^Monday in JMbvember, A. D. 
1866, and %\tv-Y two years thereafter, on 
Tuesday, before the first Monday of the 
same month: Provided, The General Assem- 
bly may, by law, prescribe a different day. 

Sec. 2. Everj^ wiiite male citizen of the 
United States (except idiots, insane per- 
sons, and such as are disqualified in the third 
section of this article for disloyal practices 
and sympathies ) , wiio shall have attained to 
the age of twenty-one years, been a resident 
of this State one year, and of the county in 
which he offers to vote two months, next 
before an election, shall be entitled to be 
registered, and to vote at all elections. 

Sec. 3. Persons who, since the day 

of A. D. 186 , shall have voluntarily 

engaged in war, rebellion, insurrection, or 
war-like array (or who, since said day, 
shall have voluntarily adhered to, openly 
sympathized with, or in any way aided, 
abetted, or encouraged others so engaged) 
against the military forces or loyal people of 
the United States, or of the State of Missouri, 
and persons who, after liaving voted at any 
election, shall have claimed protection of 
any foreign government, to secure exemp- 
tion from any militarj^ draft, or from ser- 
vice in the militia forces of this State, are 
hereby disqualified to vote, hold otlice, serve 
on juries, teach in public schools, serve as 
judges or clerks of an;/ election, or as an 
employe of any corporation in this Slate: 
Provided,^ however, That any such person 
who, after having connnitted the ofienses 
aforesaid, sliall have enlisted as a volunteer 
in the military service of the United States, 
or of this State, and served one year or 
more, and been thereafter honorablj^ dis- 
charged, is hereby relieved against tlie dis- 
abilities hereinabove imposed. 

Sec. 4. All elections siiall be by ballot, 
and continue one day only, except* that tlio 
votes of qualified electors, absent in the 
military service of the United States, or of 



this State, shall be taken in any manner, on 
any day or days within twenty days before 
any election day, and returned in 'any time 
and manner, as the General Assembly may, 
by law, iDrescribe. 

Sec . 5 . The General Assembly shall have 
power to exclude from the privileges of an 
elector, or other privile^^e, any person who 
may have been convictecTof bribery, perjury 
or other infamous crime. 

Sec. 6. Electors, during attendance at 
elections, and in going to and returning 
therefrom, shall be privileo^ed from arrest, 
in all cases except treason, felony, or breach 
of the peace. 

Sec. 7. Ko person in the military, naval, 
or marine service of the United States, shall, 
b}^ being stationed in any gaiTison, military 
or naval station within thitTstate, be consid- 
ered a resident of this State. 

Sec. 8. For the purpose of preserving in 
purity the elective franchise to the loyal peo- 
ple, and of carrying into efiect the provisions 
of this article of the Constitution, it shall be 
the duty of the General Assembly, before 
the next general election, to enact a uniform 
registration law, with such safeguards as 
will secure the registration of the qualified 
electors in every county, protect the ballot- 
box to loyal voters, and exclude therefrom 
the persons disqualified in section three of this 
article: Provided, That until such law shall 
have been enacted, elections may be con- 
ducted and returns made as now provided by 
law. 

Sec. 9. After the first day of December, 
A. D. 1870, it shall be in the power of the 
General Assembly to provide, by law, for 
the admission to the privileges of an elector, 
such male persons of African descent (and no 
others ) as were residents of this State on the 
11th day of December, 1865, or as may there- 
after have been born in this State , ^^ith such 
reasonable qualifications as they may, by 
lav/, prescribed: Provided, That any such law" 
as the said General Assembly may thereafter 
enact for the purpose aforesaid, before it 
shall take effect, or be in force, shall, at the 
next general election after its enactment, be 
submitted to a vote of the qualified electors, 
and be by them ratified by a majority vote^ 

Sec. 10. It shall be the duty of the Gen- 
eral Assembl3^ in addition to a registration 
law, to iDass all such laws as may'be found 
necessary to enforce the provisions of the 
several sections of this article, and especially 
the disqualifications imposed in the third 
section . 

Sec. 11. ^ years after the restoration 

of peace between the Government of the 
United States and the States now in rebel- 
lion, the General Assembly shall have power 
to declare, by law, the tliird section of this 
article, in wliole or in part, hioperative and 
void, with such discriminations as they may, 
by law, provide. 

Sec. 12. Before any person shall hold any 
position, as an olVicer, or employe in any 
corporation, vote at any election, hold any 
ofiice of honor, profit, 'or trust, serve as a 



92 



juror, juclge, or clerk of any election, or 
teacli in any public school in 'this State, he 
shall take and subscribe to the followino- 
constitutional oath : 
I, A. B., do solemnly swear (or affirm) 

that since the da}- of , IS — , I 

haye neyer. yoluntarily, engaged in war, 
rebellion, insurrection,' or warlike array 
(nor haye I since said day eyer, yoluntarily, 
adhered to, openly sympathized with, or in 
any way aided, abetted or encouraged others 
so engaged,) against the military" forces or 
the loyal people of the United States, or of 
the State of Missouri; nor haye I, since said 
day, haying yoted at any election, eyer 
claimed the^protection of any foreign gov- 
ernment, to secure exemption from "any 
military di-aft. or from service in the militia 
forces of this State. But since that day I 
haye. at all times, faithfully adhered to my 
allegiance to the Goyernment of the United 
States, and of the State of Missouri; 1 will 



support, defend and protect the Constitution 
of the United States, and of this State, 
against all enemies or opposers, so help me 
God. 

On motion of Mr. Drake, the usual num- 
ber of copies of Mr. Green's substitute were 
ordered to be printed. 

Mr. Willi a:ms of Caldwell moyed that a 
committee of one from each Congressional 
District be appointed, to which shall be 
referred that part of the article on Legis- 
latiye Department which relates to the 
ratios of representation, wliich motion was 
agreed to. 

On motion of Mr. Drake, the Conyention 
adjourned until half-past 9 o "clock to-morrow 
morning. 



thirty-fourth: d a.y. 



Conyention met pursuant to adjournment, 
the President in the chair. 

Messrs. Greex and Eohrer excused them- 
selyes for being absent mthout leaye, yester- 
day afternoon, on account of important per- 
sonal business. On motion, they were 
excused. 

Messrs. Bedford and Mitchell stated 
that sickness caused their absence yesterday 
afternoon, and they were so recorded. 

The President announced the following 
gentlemen as the Committee on the Appor- 
tionment of Eepresentatiyes, in accordance 
with the motion of Mr. Williams of Cald- 
well, on yesterday : 

First Congressional District — George P. 
Strong. 

Second Congressional District — Isidor 
Bush. 

Third Congressional District — A. M. Mc- 
Pherson. 

Fourth Congressional District — A. Gilbert 
of Lawrence . " 

Fifth Congressional District— W. S. Hol- 
land. 

Sixth Congressional District — ^J. Wilhams, 
Chairman of Committee. 

Seyenth Congressional District — D. Bon- 
ham. 

Eighth Congressional District — M. P . 
Green. 



THURSDAY, February 16th, 1865. 

Xinth Congressional District— J, H. Holds- 
worth . 

Mr. Williams of Caldwell, Chairman of 
the Committee on Apportionment of Repre- 
sentatiyes , presented the follo^^ing report : 

Your Committee, to whom was referred 
the subject of apportionment of members of 
the House of Representatiyes, would respect- 
fully report that they haye unanimously 
agreed upon the following basis of represen- 
tation, and recommend its adoption: 

Section 2. The House of Representatives 
shall consist of members to be chosen every 
second year by the qualified voters of the 
several counties, apportioned in the follow- 
ing manner, viz: The ratio of representation 
shall be ascertained at each apportioning ses- 
sion of the General Assembly by dividing 
tlie whole number of permanent inhabitants 
of the State by two hundred. Each county 
having one ration or less shall be eiititled to 
one representative; each conn tyhaAing three 
times said ratio shall be entitled to two repre- 
sentatives; each county ha^ing six times 
said ratio shall be entitled to three repre- 
sentatives; and so on above that number, 
gi^ing one additional member for every three 
additional ratios. 

On motion, the report was received and 
ordered to be referred to the Committee of 
the Whole. 

]Mi\ Williams of Caldwell asked leave of 



93 



absence for Mr. Ellis, in consequence of sick- 
ness in his family, wliich was granted. 

On motion of Mi*. Drake, the Convention 
resolved itself into a Committee of the 
Whole to resume the considerationof amend- 
ments to the Constitution. After some time 
spent therein, the President resumed the 
chair, and Mr. Budd reported that the com- 
mittee had, according to order, had under 
consideration amendments to the Constitu- 
tion, and particularly the article on the 
Legislative Department, but had come to no 
resolution thereon. 

Mr. HusMANN asked leave of absence for 
live days for Mr. Thilenius, on account of 
sickness in his family, which was granted. 

Mr. Peck asked leave of absence for him- 
self for five days, on account of sickness in 
his family, which was granted. 

On motion of Mr. Bonham, the Conven- 
tion adjourned until half-past 2 o'clock 
P. M. 



AFTERNOON SESSIOlsr. 

Convention met pursuant to adjournment, 
the President in the chair. 

Mr. Krekel presented a petition from loyal 
citizens of the counties of Montgomery, Pike, 
Audrain, and Lincoln, praying the forma- 
tion of a new county from parts of said 
counties; which was read for information, 
and, on motion, referred to the Committee 
on Miscellaneous Provisions . 

Mr. Clover offered the following resolu- 
tion: 

Resolved^ That the Committee on the Ju- 
diciary be instructed to report forthwith an 
ordinance providing for the vacating of such 
civil offices as may be necessarj^ to protect 
the loyal people of the State, and to har- 
monize the working of the State Govern- 
ment, and hkewise to protect citizens from 
injury and harassment from prosecutions for 
acts done by them in support of the Gov- 
ernment in the existuig rebellion . 

Mr. Williams of Caldwell moved the 
adoption of the resolution. 

Mr. Drake moved to amend the resolution 
as follows : 



Strike out all after the word ' 'ordinance' ' 
and insert in lieu thereof the following: 
' ' Debarring jurisdiction to the courts of this 
State of any criminal prosecution against 
any person for any act by him done under 
military orders or authority since the first 
day of January, 1861." 

Mr. FoLMSBEE moved that the resolution 
and amendment be i-eferred to a committee 
of nine members — one from each Congres- 
sional District — whose duty it shall be to 
ascertain and report at the earliest moment 
the number of officers wliich should be re- 
moved in consequence of disloyalty , or being 
in sympathy with the rebellion. 

Mr. FoLMSBEE withdrew his motion. 

Mr. Mack moved that the Convention 
adjourn, which motion was rejected. 

Mr. Drake withdrew his amendment to 
the resolution of Mr. Clover. 

The question then being upon the adoption 
of the resolution of Mr. Clover, Mr. Drake 
demanded the ayes and noes thereon, and 
the vote being taken , stood as follows : 

Ayes — Messrs. Bonham, Bush. Clover, 
Davis of Nodaw^ay, Dodson, D'Oench, 
Folmsbee, Foster, Fulkerson, Gamble, 
Gilbert of Lawrence, Green, Henderson, 
Holdsworth, Holland, Husmann, King, 
McKernan, McPherson, Mitchell, Newgeiit, 
Mxdorf, Rohrer, St. Gem, Smith of Worth, 
Swearino-en, Thilenius, Williams of Cald- 
well, Williams of Scotland, and Mr. Presi- 
dent— 30. 

Noes — Messrs. Childress, Cowden, Drake, 
Esther, Gilbert of Platte , Harris, Holcomb, 
Hughes, Hume, Mack, Morton, Smith of 
Mercer, and Sutton — 13. 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Davis of New Madrid, Ellis, 
Gilstrap, Grammer, and Peck — S. 

Absent without Leave — Messrs. Bed- 
ford, Budd, Evans, Filley, Leonard, Lin- 
ton, Martin, Owens, Strong, Switzler, and 
Weatherb}-— 11. 

Sick — Messrs. Fletcher, Mever, and Ran- 
kin— 3. 

So the resolution was adopted. 

On motion of Mr. Davis of Nodaway, 
the Convention adjourned until half-past 
o'clock to-morrow mornins:. 



94 



THIRTY-FIFTH D^Y. 



FEIDAY, February 17th, 1865. 



Convention met pursuant to adjournment, 
the President in the chair. 

Prayer by Rev. Mr. McKendrick. 

On motion of Mr. Drake, the Convention 
resolved itself into a Committee of the Whole, 
to resume the consideration of amendments 
to the Constitution. After some time spent 
therein, the President resumed the chair, and 
Mr. Martin reported that the committee 
had, according to order, had under con- 
sideration amendments to the Constitution, 
and particularly the article on the Legis- 
lative De]3artment, but had come to no 
resolution thereon . 

On motion of Mr. Strong, the Conven- 
tion adjourned until half-past 2 o'clock 
P. M. 



AFTERXOO^T SESSIOK. 

Convention met pursuant to adjournment, 
the President in the chair. 

Mr. Drake asked leave of absence for Mr. 
Martin till the 1st of March, which was 
granted . 

Mr. Martin presented a petition from the 
loyal citizens of Montgomery county, pray- 
ing for some measm-e of reliet for losses 



suffered at the hands of rebels and bush- 
whackers. The petition was read for informa- 
tion, and referred to the Committee on 
Miscellaneous Provisions. 

Mr. Foster presented two petitions on the 
same subject, which were read, and referred 
to the Committee on Miscellaneous Pro- 
visions. 

On motion of Mr. Drake, the Convention 
resolved itself into a Committee of the 
Whole, to resume the consideration of 
amendments to the Constitution. After 
some time spent therein, the President re- 
sumed the chair, and Mr. Smith of Mercer 
reported tliat the committee had, according 
to order, had under consideration amend- 
ments to the Constitution, and particularly 
the article on the Legislative Department, 
but had come to no resolution thereon. 

Mr. Owens requested leave to record his 
vote on the resolution offered by Mr. Clover 
yesterday. Leave was granted, and he had 
his vote recorded in the negative. 

Mr. Strong asked the same privilege. 
Leave was granted, and he had his vote 
recorded in tlie affirmative. 

On motion of Mr. Folmsbee. the Conven- 
tion adjourned until half-past 9 o'clock 
to-morrow mornin<?. 



THIRTY-SIXTH 13^. Y. 



SATURDAY, February 18th, 1865. 



Convention met pursuant to adjournment, 
the President in the chair. 

Prayer by Rev. Dr. Eliot. 

On motion of Mr. Drake, the Convention 
resolved itself into a Committee of the Whole 
to resume the consideration of amendments 
to the Constitution. After some time spent 
therein, the President resumed the chair, and 
Mr. Bedford reported that the committee 
had, according to order, had under consid- 
eration amendments to the Constitution, and 



particularh^ the article on the Legislative 
Department, but had come to no resolution 
thereon. 

Mr. Smith of Mercer, Chairman of the 
Committee on the Loyalty of Members, pre- 
sented the following report: 

The Committee on Loyalty of Members 
have instructed me to report that no evidence 
of disloyalty on the part of any member has 
been produced to them, except in the case 
of Mr. Thomas B. Harris, of Callaway 
county . Having carefully weighed the evi- 



95 



deuce against him , and having listened with 
patience and consideration to his defense, 
yonr committee are of the opinion that Mr. 
karris is disloyal, and not entitled to a seat 
on this floor. The committee do therefore 
recommend that Mr. Harris be forthwith 
expelled from this body. 

K. G. SMITH, Chairman. 

On motion of Mr. Drake, the report and 
accompanying papers were recommitted to 
the select committee, with instructions to 
receive any additional evidence which Mr. 
Harris may desire to present. 



The President caused to be read an invita- 
tion from the Union Merchants' Exchange 
of St. Louis, to the members of the Con- 
vention, to attend a dinner on Tuesday 
evening next. 

On motion of Mr. Budd, the invitation 
1 was accepted. 

On motion of Mr. Foster, the Convention 
adjourned till Monday morning next, at 
half -past 9 o'clock. 



THIRTY-SEVENTH D^Y. 



Convention met pursuant to adjournment, 
the Vice President in the chair. 

Prayer by Eev. Mr. Paige. 

Mr. Budd submitted the following memo- 
rial, to be presented to the Congress of the 
United States, asking the construction of 
the Southwest Branch of the Pacific Kail- 
road as a military necessity ; which was read 
for information, and, on motion of Mr. Bon- 
ham, referred to the Committee on Internal 
Improvements : 

Memorial to the Co7ig?^ess of the United States, 
asking the construction of the Southwest 
Branch of the Pacific Railroad, as a viilitary 
necessity. 
By an act of Congress, entitled "An act 

f:rantino- the riglit of way to the State of 
lissouri, and a portion of the public land, 
to aid in the construction of certain rail- 
roads in said State," approved June 10th, 
1S52, this State obtained one million of acres 
of the public lands, to aid in the construction 
of a railroad from St. Louis to the western 
border of the State, and these lands were ap- 
propriated by the State to construct said road , 
by applying them to the building of the road 
from St. Louis to Franklin, and thence, by 
what is called the Southwest Branch of the 
Pacific, to the western border of the State. 
One hundred and thirteen miles have been 
built, but their means becoming exhausted, 
and being unable to sell the lands at such 
prices as they should command, they have 
not been able to command tlie means to make 
any further progress. Could the road be 
completed through these hinds, it is believed 
that the lauds would ver^' nearly pay the 
cost of construction, and if constructed, it 
would be of great advantao'c to the Govern- 
ment of the Ijnited States, in a military point 



MONDAY, February 20th, 1865. 

of view, and would save to the Government 
much money in the cost of transx3ortation^ 

Your memorialists will further report, 
that the southwestern portion of our State 
has been devastated every year since the 
j rebellion began ; that its inhabitants have 
been murdered, and driven from their homes 
! and lands; that this portion of the State is 
j now the property, in part, of helpless 
I widows and orphans of murdered Union 
I men; that the State has had, in a great 
I measure, to relieve it from taxation, and 
i that anything Congress should do for this 
i portion'^ of Missouri, would be serving the 
i best interests of the Government, and taking 
I care of the widows and orphans of those 
i brave and good men who have given up their 
i lives for their country. The heart sickens 
' in contemplating the ruthless destruction 
: that has been visited on this portion of our 
I people — the monuments of chimneys, left to 
\ point where was once the happy home of a 
i Union family, and the wails; fhe effect of 
! persecution and suffering, wliich come up 
i to us from this quarter of the State, should, 
in the judgment of your memorialists, 
I command from the Government its every 
! effort to give them some relief. The con- 
struction of this road would soon render this 
portion of tlie State again safe to live in. It 
would advance the viilue of the lands of the 
; widows and orpiians, who have now no 
homes, and they might be able to sell a por- 
tion of their properiy to rebuild their burnt 
houses, and purchase farming utensils and 
stock. 

I We believe, if the Governmenr would 
build the road on condinon the huuls granted 
should be ceded back to the United' States, 
that after the road was built the sales of the 
lands would go far toward reimbursing the 
Government," and would, perhaps, wliolly 
pay the cost of construction. 



96 



In view of all the cu-cumstances, we earn- 
estly urge the Government to construct this 
road, and that the leg'islatiou required to 
construct it may he had at this session of 
Congress . 

Mr. Gilbert of Platte presented a re- 
monstrance from citizens of Platte county, 
against the removal of the county seat of 
said county, which, on motion of ^Ir. Gil- 
bert, was read for information, and re- 
ferred to the Committee on the Judicial 
Department. 

Jtlr. Morton asked leave of absence for 
Mr. Gilbert of Platte during this week, 
which was granted. 

Mr . Smith of "Worth oflered the following- 
article on Jurisprudence, which was read 
the first and second time, and referred to 
the Committee on the Judicial Department. 

ARTICLE — . 

Jurisprudence . 

Section 1. The General Assembly, at its 
first session, shall provide for the appoint- 
ment of three commissioners, and prescribe 
their tenure of office, compensation, and 
the mode of filling vacancies in said commis- 
sion. 

Sec. 2. The said commissioners shall re- 
vise, reform, simplify, and abridge the 
practice , pleadings , forms , and proceedings 
of the courts of record of this State, and. 
as far as practicable and expedient, shall 
provide for the abolition of the distinct 
forms of action at law, now in use, and for 
the administration of justice by a uniform 
mode of proceeding, without "^ reference to 
any distinction betw'eeen law and equity. 

Sec. 3. The proceedings of the commis- 
sioners shall, from time to time, be reported 
to the General Assembly, and be subject to 
the action of that body. ' 

Mr. Holland moved that a committee of 
five be appointed, to whom shall be referred 
the thirteenth and fourteenth sections of the 
act for the organization and government of 
the Missouri militia, passed by the General 
Assembly at its present session. 

After debate, Mr. Holland withdrew his 
motion. 

On motion of ]Mr. Drake, the Convention 
resolved itself into a Committee of the 
Whole, to resume the consideration of 
amendments to the Constitution . After some 
time spent therein, the President resumed 
the chair, and Mr. Davis of Nodaway re- 
ported that the committee had, according to 
order, had under consideration amendments 
to the Constitution, and paricularly the 



article on the Legislative Department, but 
had come to no resolution thereon. 

The President caused to be read a com- 
munication from the Governor ot Delaware, 
relating to the amendment to the United 
States Constitution prohibiting slavery in 
the United States, which was read for in- 
formation, and, on motion, laid on the table. 

On motion of Mr. Dayis of Nodaway, the 
Convention adjourned until half-past 2 
o'clock P. M. 



AFTEEXOON SESSION. 

Convention met pursuant to adjom-nment, 
the President in the chair. 

Mr. Williams of Caldwell offered the fol- 
lowing resolution, and moved that it be re- 
ferred to a special committee : 

Resolved. That when this Convention ad- 
journs this day, it shall stand adjourned till 
Friday next at half-past 9 o'clock a. m., 
when'^it shall meet in the HaU of Representa- 
tives at the city of Jefferson. 

Mr. Green offered the following amend- 
ment to said resolution : 

Amend by striking out "Friday next," 
and inserting, in lieu thereot. '''the first 
Wednesday in April next. ' ' 

Mr. Weatherby moved that the commit- 
tee report at 5 o'clock p. m. , this day. 

Mr. Weatherby mthdrew his motion. 

Mr. St. Gem moved that the committee 
report on Wednesday morning next at 10 
o ■ cl ock , which motion was rej ected . 

Mr. Williams of Caldwell moved that the 
committee consist of five members . 

Mr. HusMANN moved the committee be in- 
creased to nine, which was accepted by Mr. 
AYiUiams of Caldwell, and on motion, the 
resolution was adopted. 

The President appointed the following 
gentlemen as such committee : Messrs. 
Williams of Caldwell, Drake, Green, New- 
gent, St. Gem, Mack, Bedford, Morton, 
and Husmann. 

On motion of 3Ir. Holland, the Conven- 
tion resolved itself into a Committee of the 
Whole to resume the consideration of amend- 
ments to the Constitution. After some time 
spent therein, the President resumed the 
chair, and IVIr. Folmsbee reported that the 
committee had, according to order, had 
under consideration amendments to the Con- 



97 



stitution, and particularly the article on the 
Legislative Department, but had come to 
no resolution thereon. 

Mr. Clover, Chairman of the Committee 
on the Judicial Department, submitted the 
follo^Ying report, accompanied by an ordi- 
nance providing for the removal of certain 
cheers : 

The Committee on the Judiciary Depart- 
ment of the Government, to whom was re- 
ferred the resolution instructing the commit- 
tee to report an ordinance providing for the 
vacating of such civil offices as may be neces- 
sarv to protect the loyal people ot the State, 
and to harmonize the working of the State 
Government, and likewise to protect citizens 
from injury and harassment from prosecu- 
tion for acts done by them in support of the 
Government in the existing rebellion, re- 
spectfully report the accompanying ordi- 
nance . 

The committee deem themselves at liberty 
to preface the ordinance which they report 
in obedience to the instructions given them, 
with some remarks in explanation and state- 
ment of the reasons which have led them to 
the conclusion at which they have arrived. 

The resolution of instruction embraces, it 
will be seen , two distinct and independent 
positions: first, the vacating of certain civil 
offices 'of the State; and second, the protec- 
tion of citizens from injury and harassment, 
from prosecutions for acts done by them in 
the support of the Government in the exist- 
ing rebellion. 

As the two propositions are embraced in a 
smgle resolution, so have the committee 
thought lit to embrace the two subjects in a 
single ordinance, not deeming it well to 
propose two ordinances when one could 
accomplish both objects, or desirino- to over- 
load the Vv^ork of the Convention with 
repeated instances of distinct constitutional 
action where the same was not, in the 
opinion of the committee, absolutely neces- 
sary. 

The resolution of instruction does not de- 
clare what, or what number, of civil offices 
of the State, in the opinion of the Conven- 
tion, it is necessarjr to vacate, in order to 
protect the loyal people of the State and to 
harmonize the working of the State Govern- 
ment; wherefore, the committee are left to 
exercise their own best judgment in the mat- 
ter, and to report their views in the premises, 
leaving it to the Convention to adopt, in 
whole or in part, the report of the commit- 
tee, or indeed to wholly reject the same. 

Two ideas are potentl}^ presented in the 
resolution upon this subject, namel3% the 
protection of the loyal people of the'^State, 
and harmony in the working of the State 
Government, after the very fundamental 
and extensive changes in our o-overnmental 
system, which were undoubtecily to be pro- 
duced by the action of the Convention. Two 
matters* the Convention is unquestionably 



called upon to perform , viz : the emancipa- 
tion of the slaves in the State, and the pre- 
servation in purity of the elective franchise 
to the loyal citizens ; and the two other mat- 
ters of protection to the loyal people of the 
State, and harmony in the working of the 
State government, ought, in the opinion of 
the committee, and it appears likewise of 
the Convention, to follow upon these. 

If the Judicial Department of the State 
Government, throughout and in detail, be 
not in unison and liarmony with the execu- 
tive and legislative departments, then, in 
the opinion of the committee, the working 
of the social system will be harsh , discordant 
and indeed incapable of efficient and beneficial 
result. — and thereby likewise may follow in- 
justice, oppression and wrong to the citizens 
of the State. 

It may not be improper or useless for this 
committee to prefer the statement of the fact, 
that this State has undergone for the past 
four years, and is still undergoing, the most 
terrible social and political revolution, and 
the action of this Convention is not to be 
measured and regulated by the standard of 
ordinary and normal times. Our State is in 
an abnormal condition , produced not by its 
friends and supporters, but by those who 
would seek its ruin and destruction ; where- 
fore, are we to be governed by the rides of 
conduct and legislation which should pre- 
vail in ordinary times ? 

In consideration of this condition of things 
in the State, and without entering into a 
detail of them, the committee is of opinion 
that, to harmonize the working of the State 
Government m all its departments, it is 
necessary to vacate throuo-hout, and in 
detail, all the judicial offices in the State. 

The committee see fit to point their ^dews 
in this respect with illustration. The Con- 
vention has already enacted an ordinance 
emancipating slaves in the State. Should the 
Judicial Department of the State Government 
be held at liberty to impeach the entire 
lawfulness of this act of the Convention ? 
Property in man exists, and has always 
heretofore been recognized in the State, and 
if rightfidly existing at one time, maj^ alwaj's 
rightfully exist. 

The Convention, or the majority of the 
people, have no right or lawful authority to 
deprive a citizen of property without com- 
pensation, not even pretended to be taken 
for public use. The right or authority so to 
do is denied in the veiy nature of the social 
contract. Upon this plea the lawfulness of 
this act of the Convention may be denied by 
the judges. Should it be so permitted, if it 
can' be prevented i 

Again, the Convention has considered the 
measure of preser\ing in purity the elective 
franchise, and, in so doing, to disfranchise 
the rebel and rebel sympathizer. Shall the 
eli'ect of this measure be allowed to be frit- 
tered away by inifavorable and hostile con- 
struction 'and interpretation of term and 
phrase? 



The committee had no difficulty whatever 
ill cariyiiig their views, as to the vacating' of 
oflaces,*^ to the extent thus far indicated. 
They have felt warranted by such considera- 
tions as these, as well as by the general idea 
of secm-ing protection to tiie loyal people of 
the State, through this the chief safeguard of 
the rio'hts and liberties of the people, to re- 
port in favor of a general vacatino- of all 
judicial offices in the State, and the lilliug of 
them anew. 

The committee are well aware that a larg'e 
proportion of the administrators of the laAV 
throughout the State are earnest, determined 
and loyal men, fitted, in every respect of the 
times and the places, for the harmonious 
uniting in the conduct of the State Govern- 
ment at the present time; and they w^ould 
have been glad to be able to make distinction 
in the operation of their report, but this they 
have been unable to do. 

The committee, however, have gone fur- 
ther, and their reported ordinance makes 
provision for the vacating, likewise, of the 
offices of the clerks of the several courts of 
record in the State. The justification and 
the necessity of this provision are, in the 
optnion of your committee, to be found in 
the fact that the election for clerks of the 
different courts occurred at a date generally 
prior to the outbreak of the present rebellion, 
and when the issue of loyalty or disloyalty 
on the part of the incumbents of those offices 
could not be made; and especially and par- 
ticularly in the further fact that, in the cases 
of not a^ew of the incumbents of those offices, 
they are general]}^, and indeed universally, 
regarded by all loyal men, in any degree 
acquainted ^\ith their character, as indisputa- 
bly hostile to the Government in its present 
crisis. If this be so, and the committee be- 
lieve it to be so, wdiat an extraordinary and 
unjustifiable state of things is thereby shown . 
Tliat it should be endured seems passing 
strange — that a man, an enemy to his coun- 
try, and washing and seeking its destruction, 
activel}'' so, should be allowed to draw profit 
from and grow rich upon the income of a 
public office, the revenues of wdiich are de- 
rived from taxes paid by loyal men . 

The committee are happy to believe, in- 
deed to knoAv, that these remarks can apply 
to but few of the class of men named. The 
mere fact, however, that some such cases as 
are mentioned do exist, constitutes, in the 
opinion of the committee, full justification 
for their action . 

The committee, however, in the progress 
of their work, have here arrived at a point 
where they have felt the greatest difficulty 
existed; that is to say, in the matter whether 
the vacating of the civil offices should extend 
further than they have already declared, and 
upon this point there exists diversity of 
opinion among them, which can only be 
settled by the action of the Convention itself. 
Upon the most careful and anxious consider- 
ation the undersigned members of the Com- 
mittee have been able to give the subject, it 
is not, in their opinion, wise to extend the 



provisions of this ordinance further than to 
the offices thej^ have named in their report, 
the incumbents of which are so intimately 
connected with the administration of the 
Judiciary Department of the Government. 

The committee feel, with its full force, the 
suggestion which has been made by members 
of the Convention, that in some instances, 
in particular parts of the State, disloyal men 
were elected by the people, as recently as 
^"ovember last, to fill the very important 
office of sheriff, as well as other offices in 
some of the counties. And the committee 
incline to the opinion that such may have 
been the case, for if a" single county elected » 
to the General Assembly a member whom 
that loyal body has thought fit, as we sup- 
pose, upon competent and full proof, to 
declare disloyal and unfitted for membership 
in a loyal body of men, it would seem to 
them to warrant the belief that the same 
result may have been produced in the cases 
of other "^persons occupyino- other offices ; 
and the committee have likewise felt the 
force of the other suggestion, that loyal dis- 
tricts have not needed, and do not need, 
protection in this way; that it is the loyal 
citizens in the disloyal districts — fortunately, 
it is true, at the i)resent time but few in the 
State — wlio can -specially claim the exertion 
of our -prerogative for their benefit and pro- 
tection . 

While the committee would have been will- 
ing to attempt a remedy for this condition 
of things, if entirely practicable, yet, as 
clearly, in their opinion, this could not be 
done \^dthout applying it as a general rule 
to all of the classes of offices referred to, and - 
as the evil is of a partial and temporary char- 
acter, existent only for a limited period — and 
with the opportunity, as the committee sin- 
cerely hope, offered the people aggrieved, 
themselves to remedy the unfortunate state 
of things at the next occurring election, be- 
yond the possibility of the saine evil recur- 
ring, and this through the efficient working 
of tlie new Constitution, in the disfranchizing 
of rebels and rebel s.ympathizers' — the com- 
mittee have concluded to here stop . 

It is not to be denied that the ordinance 
reported by this committee is liable to the 
objection, 'that thereby an extraordinary 
amount of patronage and power is lodged iii 
the hands of a single citizen of the State, in 
the fact that all the offices proposed to be 
vacated are to be filled by the appointment 
of the Executive . 

The committtee have considered this mat- 
ter with the seriousness which it requires, 
and with the distrust which they naturally 
feel in vesting any one man with so great a 
power, and the dislike they entertain of 
depriving the people, in the smallest degree 
or for a limited time, of the right, which 
the}' unquestionably possess, of being i^er- 
mitted to choose their owm servants and 
magistrates. But the committee have felt 
that it w^ould be entirely impracticable to fill 
the offices which, in their opinion, it is 
necessary to vacate, in order to protect the 



99 



loyal people and in order to hari^ionize the 
working of the State g-overnment, by popu- 
lar elections, at the present time. And in 
the matter of the filling of the vacancies so 
created, the committee have not felt them- 
selves at liberty to doubt that the Executive, 
in the filling of them, will feel himself in all 
instances bound to i-ecognize and to ratify 
the voice of the people iii all loyal districts, 
and as to all loyal men, as it shall l3e clearly 
manifested and declared unto him. Upon 
this subject they can entertain no doubt 
whatever. 

Finally, upon this point, while the com- 
mittee feel that tlie change in the entire judi- 
cial sj^stem of the State, as proposed, is of a 
most striking and radical cliaracter, undoubt- 
edly not to Ibe done in ordinary times upon 
such considerations as are stated in this their 
report, and not to be tolerated under the 
idea of performance for mere partisan pur- 
poses, yet, in view of the grave character of 
the measure, and fully regarding tlie condi- 
tion of our State, the new system of funda- 
mental law upon which, as a people, we are 
entering, the great and sudden change from 
the old to the new, and likewise believing 
that a decent respect for the opinions of the 
wliole political community should be ob- 
served, they are of opinion that the course 
which they have recommended will be justi- 
fied by candid opinion, not only in the 
present time, but with posterity. 

The committee now come to the considera- 
tion of the second subject embraced in the 
resolution of instruction , to- wit: the pro- 
tection of citizens from injury and harass- 
ment from prosecutions for acts done by 
them in the support of the Government in 
orduring the present rebellion. Upon this 
subject, so important and interesting in its 
nature, the committee have entertained no 
diificulty whatever. 

As before remarked , the unexampled na- 
ture and condition of affairs which have pre- 
vailed in the State since the rebellion, and 
are now existing, in the opinion of the com- 
mittee, leads to the necessity and points to 
the wisdom of the action which they have 
recommended. 

Not only has civil war actively raged in 
the State, between the citizens thereof, but 
martial law, for a time nearly coexistent 
with that war, has been imposed and en- 
forced upon us by a superior jurisdiction to 
our own— that of the Government of the 
United States . 

The committee apprehend that no loyal 
man has questioned the lawfulness, if such a 
term may be used in such connection, of this 
condition of affairs, however much all may 
be disposed to regret the necessity of its 
beino- instituted and enforced, or continued. 
If this condition of affairs — the prevalence of 
martial law — has produced inconvenience and 
detriment, and, it may be, particular cases 
of oppression and wrong, on the other hand, 
it cannot be denied that it also has produced 
the most beneficial and salutary results. 
That it lias been the means, in a large degree, 



of preserving peace, order, and quiet through- 
out the State; that it is, this very day and 
hour, promoting the peace and safety of the 
citizen, the almost unanimous vote of this 
Convention, had but a few days ago, pro- 
testing against its abrogation, witnesses and 
attests . 

And what is this law, called martial law? 
The Convention knows that it is the abroga- 
tion of the civil law, and the substitution 
therefor of simply the will of the military 
commander. Disguise it as we may, this is 
the simple and true definition of the law 
denominated martial. This power, since its 
institution in this State, has suppressed 
newspapers; has stopped, as well as regu- 
lated commercial intercourse; has seized 
property; has punished, by its own law, 
the citizen; has controlled the courts; has 
forbidden the institution or prosecution of 
suits, has imprisoned the person of the 
suitor, has instructed the judge; has en- 
tered houses; has taken household furniture, 
has sold the same, has made title thereto, 
has appropriated the proceeds thereof— not 
the iDroperty of citizens actually engaged in 
war, but of those who were simply disloyal 
and disaffected ; has leaded assessments, col- 
lected monies, imprisoned, banished, and 
put do death . All this is utterly incompati- 
ble with the ordinary and usual workings of 
civil government. 

This has been done and is being done in 
palpable and direct violation of the plainest 
principles of the Constitution which we are 
amending, and which principles we are re- 
taining in our new work. It has been done, 
not through the medium of courts of justice, 
not through the intervention of a jiiry, not 
by the iudgment of the peer, not by the law 
of the land, but in the opinion of the com- 
imttee it has been necessarily done. This 
condition of affairs has been brought about 
by no lault of the loyal people of the State . 

The exercise of martial law, therefore, is 
utterly subversive of civil law, wherever the 
two come in conflict. It is true that civil 
organism has been permitted and encouraged 
in this State wherever it could be safely done, 
but in portions thereof, to this hour, there 
exists no law worth mentioning the name 
of, except the law military. The committee 
deeply regret this condition of things, and 
trust that the hour is not far distant when 
we may be safely restored to a better condi- 
tion of things; but it is only a few months 
since our State was traversed from the south- 
eastern border to its western line hy a host 
of invading foes. 

And the question recurs, shall all the 
matters which the committee have spoken 
of be drawn into controversy and adjudica- 
tion by the civil or criminal courts' of the 
land now, or when martial law shall in the 
future be abrogated and annulled ? In the 
opinion of the committee it would not be 
the part of wisdom to have this be. 

Tlie ofiicer of the Uiiiled States Oovern- 
ment, acting in willful and Avanton violation 
of his duty to the Government and to tlie 



100 



citizen, should unquestionably meet mth 
speedy and proper punishment for his 
offense, and if he can not be reached by the 
civil law, ought to be punished by that 
Government, not onlj^ in the way of penalty 
for the offense, but redress likewise to the 
injured individual. 

In all times of peace, and even of war, 
where practicable, the military should be 
held subordinate to the civil authorities, and 
the committee are anxious to assert that for 
acts of wanton and willful violation of private 
rights neither the citizen or soldier can be 
exempt under the plea of justification by 
military necessity. The committee trust 
that the cases are but tew, indeed, w^here 
such qualities of acts can be shown to exist, 
but in the large class of acts done without 
any justification or sanction of law whatever; 
but," nevertheless, in the emergency of the 
times, rightfully done, these acts, in the 
opinion of the committee, can not, will not 
be permitted to and should not be drawn 
into adjudication according to the ]3rinciples 
of civil law by the civil courts . 

Upon what safe principle can the judge of 
a civil court decide upon the quahty of such 
acts'? He can only declare the law, and 
seeing no legal justification or excuse, he can 
only pronounce the judgment of the law. 
He can not make the law and say what, in 
his opinion, the law should be in a given 
state of facts. He can not say that a man 
ought to be justified, excused, or indemni- 
fied, and exonerated by reason of a just 
motive and a good result to the State, how- 
ever detrimental to the individual aftected. 

The committee make reference to the 
highest authority in speaking of indemnity 
to the individual for damages sustained by 
him in a war, as declaring the general rule 
governing such cases . 

Says Vattel, in treating of the question 
whether the State be bound to indemnify 
individuals for the damages they have sus- 
tained in war : 

"The damages are of two kinds, those 
done by the State itself, or the sovereign, 
and those done by the enemy. Of the first 
kind, some are done deliberately, and by 
way of precaution, as, Avhenafield, a house, 
a garden, belonging to a private person, is 
taken for the purpose of erecting on the sJDOt 
a town ramiDart, or any other piece of forti- 
fication; or when his standing corn are de- 
stroyed, to prevent their being of use to the 
enemy . Such damages are to be made good 
to the individual, who shall bear only his 
quota of the loss. But there are other 
damages, caused by the artillery , in retaking 
a town from an enemj^ These are merely 
accidents ; they are misfortunes which chance 
deals out to tlie proprietors on w^hom they 
happen to fall. The sovereign, indeed*!, 
ought to show an equitable regard for the 
sutterers, if the situation of his affairs will 
admit of it, but no action lies against the 
State for misfortunes of this nature, for 
losses which she has occasioned, not will- 
fully, but through necessity, and by mere 



accident, in the exertion of her rights. The 
same may be said of damages caused by the 
enemy. All tlie subjects are exposed to 
such damages, and woe to him on whom 
the}^ fall. The members of a society may 
well encounter such risk of property, since 
they encounter a similar risk of life itself. ' ' 

Modified as this law should be by regard 
to the circumstances of modern warfare, the 
condition of things prevailing, especiallj^ in 
civil war, the character of the country and 
the people, the committee deem all ' such 
acts as they have spoken of, as coming 
within the general rule of acts authoritatively ♦ 
done hy the State in the exercise of her 
rights, to the maintenance of her existence 
as a sovereign and integral nation. And the 
principle asserted by the committee is 
thought to be a safe one, when it is regarded 
that war hath its rules of action, as hath 
peace. 

The committee likewise refer to the fact 
that the action recommended by them in this 
particular finds support in the action taken 
by our progenitors in the troublous times 
existing at the period of our revolutionary 
histor}^. It may gratify the curiosity as well 
as instruct the minds of leo-islators at the 
present day, to reproduce, from the musty 
folios of the past, the work of legislation on 
this subject as performed by our ancestors, 
and particularly by the then good people ot 
the good old commonwealth frequently stjded 
the ' 'Old Dominion. ' ' 

On a ver3"Cursor3^ examination, the com- 
mittee are enabled to produce the following 
enactments of the General Assembly of Vir- 
ginia, and doubt not that a more extended 
examination of the statutes of the several 
States composing the original thirteen, in 
their revolutionarj" existence , will afford very 
numerous instances of this kind and measure 
of legislation : 

' ' An act for indemnifying the Governor^ and 
Council^ and. others, for removing and confiJi- 
ing suspected 'persons during the late public 



Wheeeas, On the late appearance of a 
hostile fleet in the Bay of Chesapeake, a 
large body of militia "were collected and 
arrayed; and to prevent the dangerous con- 
sequences which might have been produced 
by a communication of intelligence to the 
enemy ^ it became necessary for the Governor 
and Council, for the public safetv, to remove 
and restrain, during the imminence of the 
danger, at a distance from the posts and 
encampments of the said militia, and from 
other places near the posts and harbors of 
this Commonwealth, certain persons whose 
affections to the American cause were sus- 
pected, and more especially such as had 
refused to give assm-ance of fidelity and 
allegiance to the Commonwealth, according 
to the act of the Assembly for that purpose 
made and provided ; and it may happen that 
some of the said persons so removed and 
restrained may be disposed to vex with 
actions at law those who w^ere concerned in 



101 



ad\isino:, issuing or executing the orders for 
that purpose : 

''''Be it therefore enacted hy the General 
Assembly^ That the Governor, members ot 
the Council, and all others concerned in 
advising, issuing or executing the said 
orders for the removal or restraint of such 
persons, stand indemnified and clearly exon- 
erated from all actions, suits and damages 
on account thereof, and that if any action or 
suit should be brought by or on behalf of 
any person so removed or restrained, for the 
recovery of damages for such removal or 
restraint, against any person or persons so 
indemnified, the defendant or defendants 
may plead the general issue, and give this 
act in evidence." — Cap. vi of acts of the 
Geiieral Assembly of Virginia, Anno. VJll . 

' ' An act to indemnify certain persons in sup- 
■ pressing a conspiracy against this State. 

"1. Whereas, Divers evil disposed per- 
sons, in the year one thousand seven hun- 
dred and eighty, formed a conspiracy, and 
did actually attempt to levy war against this 
commonwealth; and it is represented to the 
present General Assembly that William 
Preston, Robert Adams, junior, James Cal- 
laway and Charles Lynch, and other faithful 
citizens, aided by detachments of volunteers 
from different parts of the State, did, by 
timely and effectual measures, suppress such 
conspiracy : and., whereas., the measures 
taken for that purpose may not be strictly 
warranted by law, although justifiable from 
the imminence of the danger : 

"II. Be it therefore enacted. That the said 
William Preston, Robert Adams, junior, 
James Callaway and Charles Lynch, and all 
other persons whatsoever concerned in sup- 
pressing the said conspiracy, or in advising, 
issuing or executing any orders or measures 
taken for that purpose, stand indemnified 
and exonerated of and from all pains, penal- 
ties, prosecutions, actions, suits and damages 
on account thereof; and that if any in- 
dictment, prosecution, action or suit shall 
be laid or brought against them, or any of 
them, for any act or thing done therein, "the 
defendant or defendants may plead in bar, or 
the general issue, and give this act in evi- 
dence. ' ' — Cap. XV of acts of the General As- 
sembly of Virginia, Anno. 1782. 

The committee report the following ordi- 
nance. CLOVER, for the Committee. 

AN ORDINANCE PROVIDING FOR THE VACATING 
OF CERTAIN CIVIL OFFICES IN THE STATE, 
FILLING- THE SAME ANEW", AND PROTECTING 
THE CITIZENS FROM INJURY AND HARASS- 
MENT. 

Be it ordained by the People of the State of Mls- 
somi, in Convention assembled , as follows : 
Section 1 . That the offices of the judges of 
the supreme court, circuit courts, county 
courts, and all special courts of record in the 
State, and of the clerks of all said courts, 
and of all County recorders, and of circuit 
attorneys and theu* assistants, be and the 



same are hereby vacated on the day of 

1865, and the Goveinor of the State 



is hereby empowered and directed to fill all 
said offices, so vacated, by his appointment; 
and the persons so by him appointed to fill 
said offices respectively, shall hold the said 
offices in the same manner, and with the 
same authority, and to the same extent, as 
the respective incumbents of said offices at 
the present time are by law authorized to do; 
and the said persons when so appointed shall 
hold the offices to which they may be ap- 
pointed for the term and period, and under 
the same conditions and qualifications, as the 
present incumbents of said offices now re- 
spectively hold and enjoy the same. 

Sec. 2. No court or officer in this State 
shall take or retain cognizance of any ci^il 
action, or criminal proceeding against any 
person for, or on account of, any act by him 
done, performed or executed, after the first 
day of January, one thousand eight hundred 
and sixty-one, by virtue of military authority 
vested in him by the Government of the 
United States, or that of this State, to do 
such act, or in pursuance of orders received 
by him or them from any person vested with 
such authorit}^, and if any action or proceed- 
ing be brought or instituted against any 
person for the doing of any such act, the 
defendant may plead in bar thereof, and give 
this ordinance in evidence. 

On motion of Mr. Drake, the report was 
received, and Mr. Drake moved that five 
hundred copies of the report be printed in 
pamphlet form, and two hundred copies of 
the accompanying ordinance be printed in 
the usual form . 

Mr. BoNHAM moved to amend by inserting 
"two thousand" copies of the report, in- 
stead of ' ' five hundred, ' ' which was ac- 
cepted by Mr. Drake. 

The motion, as amended, w^as agreed to. 

Mr. Hughes moved that the ordinance 
presented by Mr. Clover be made the special 
order of the day for Monday next. 

Mr. Strong moved that it be made the 
special order for Wednesday next. 

The question being upon the longest time 
(Monday), Mr. Husmann demanded the 
ayes and noes, and the vote being taken, 
stood as follows: 

Ayes — Messrs. Bedford, Clover, Cowden, 
Davis of Nodawav, Drake, Esther, Fillov, 
rolmsbee, Gilbert of Platte, Harris, Huglios, 
Hume, King, Leonard. Linton, Mark, 
IMitchell, Rankin, Smith of Mercer, Swir/ler, 
Williams of Scotland, and 3[r. Presiiknit 
22 . 

Noes— Messrs. Bonham. Bush. Child»i^ss, 
Dodsou, D'Oench. Fletcher. Foster. (i;nn- 
ble, Gilbert of Lawrence. Green, Hender- 
son, Iloldsworth, Holland. Husmann. Mo- 
Kernaii, McPlierson, Morton, Newgent, 



102 



Nixdorf, Kolirer, St. Gem, Smith of Worth, 
Strong Sutton, Swearingen, Weatherby, and 
Wmiams of Caldwell— 27 . 

Absent with Leave— Messrs . Adams, 
Barr, Bmice, Davis of ISTew Madrid, Ellis, 
Fulkerson, Grammer, Martin, Owens, Peck, 
and Thilenius— 11. 

Absent without Leave — ^Messrs. Budd, 
Evans, Gilstrap, and Holcomb — 1. 

Sick — Mr. Meyer — 1. 

So the motion was rejected. 

Mr. Strong's motion, that the ordinance 
be made the special order for Wednesday 
next, was then adopted. 

Mr. Mack, Chan-man of the Committee 



on Internal Improvements, presented the fol- 
lowing* report on the memorial to Congress 
of the United States , asking the construc- 
tion of the Southwest Branch of the Pacific 
railroad, as a military necessity: 

Your committee beg leave to report that 
they have had said memorial under consid- 
eration, and recommend the adoption of the 
same by this Convention. 

On motion of Mr. Bonham, the report was* 
received and adopted . 

On motion of Mr. Green, the Convention 
adjourned until half-past 9 o'clock to-mor- 
row morning. 



THIRTY -EIGHTH DA.Y. 



TUESDAY, February 21st, 1865. 



Convention met pursuant to adjournment, 
the President in the chair. 

Prayer by Rev. Dr. Nelson. 

Mr. Williams of Caldwell, chairman of 
the special committee appointed yesterday , 
on the proposition to remove the sitting of 
the Convention to Jefferson City, made the 
foUo"wing report : 

The committee to whom was referred the 
resolution on adjourning to Jefferson City, 
and the amendment moving a recess of thirty 
days , report that they have had the matter 
under consideration, and a majority of said 
committee respectfully report adversely to the 
resolution and the amendment, believing 
that the interest of the people of this State, 
and the objects for which this Convention 
was called, will be best attained by remain- 
ing in steady session at our present place 
of meeting. 

All of which is respectfully submitted. 

Mr. Bonham offered the following resolu- 
tion : 

Resolved, That Mr. St. Gem be expelled 
from this Convention, for inciting persons 
to enter the hall of this Convention, and, 
Cromwell-like, dissolve this Convention. 

Mr. Rohrer moved to lay Mr. Bonham 's 
resolution on the table. 

On which m.otion, Mr. Drake demanded 
the ayes and noes . 

Mr. Rohrer withdrew, temporarily, his 
motion to lay Mr. Bonham 's resolution on 
the table . 



After debate, Mr. Rohrer renew^ed his 
motion to \^y on the table. 

On the motion to lay the resolution on the 
table, the ayes and noes were demanded, 
and the vote being taken, stood as follows: 

Ayes — Messrs. Bedford, Bush, Cowden, 
Dodsou, D'Oench, Evans, Fletcher, Foster, 
Gilstrap, Green, Henderson, Holcomb, 
Hughes, Husmann, King, Linton, McKer- 
nan, McPherson, Morton, Newgent, Nix- 
dorf, Rohrer, Switzler, and Williams of 
Caldwell— 24. 

Noes — Messrs. Bonham, Budd, Childress, 
Clover, Davis of Nodaway, Drake, Esther, 
Filley, Folmsbee, Fulkerson, Gamble, Gil- 
bert of Lawrence , Harris , Holdsworth , Hol- 
land, Hume, Mack, Mitchell, Peck, Rankin, 
Smith of Worth, Strong, Sutton, Swearin- 
gen, Weatherby, and Mr. President — 26. 

Absent with IjEave — Messrs. Adams, 
Barr, Bunce, Davis of New Madrid, Ellis, 
Gilbert of Platte, Grammer, Martin, Owens, 
and Thilenius— 10. 

Absent without Leave — Messrs. Leon- 
ard, Smith of Mercer, land Williams of Scot- 
land— 3. 

Excused FROM Voting — Mr. St. Gem — 1. 

Sick — Mr. Meyer — 1. 

So the resolution was not laid on the table. 

Mr. Bush moved to refer the resolution to 
the Committee of the Whole. 

Pending which, Mr. Drake offered the 
following as a substitute for Mr. Bonham 's 
resolution, which was accepted by Mr. Bon- 
ham: 



103 



Whereas, In a report contained in the 
Daily Missouri Democrat of the 20th inst., 
there appeared what purports to be an ac- 
count of a public meeting held at Turner 
Hall, in the city of St. Louis, on the 18th 
inst., in which account there is what pur- 
ports to be a report of a part of a speech 
made by Gustavus St. Gem, a member of 
this body, in the folio win"- words : " I do 
not believe that they (the Convention) will 
dare to refuse to submit that Constitution, 
or at least those portions thereof that were 
not discussed before the people at the recent 
general election — they will not refuse to 
submit those portions to the voice of the 
people; but if the whole Constitution should 
be submitted in such an obnoxious form, 
they may cause the whole thing to be de- 
feated, and defeat the measures that the 
people of Missouri cheerfully voted for at 
the recent election — the emancipation of the 
slaves, and the disfranchisement of traitoi's 
and their sympathizers. Therefore, 1 do 
rejoice to see that your demonstration is so 
vigorous here to-night, and I am informed 
that your petition is of such a magnitude 
that you can walk up to the hall of that 
Convention like the bai-ons of old, and force 
upon that Convention to submit to proper 
measures, as those barons did upon King 
John of England. And if they don't do it, I 
hope that there will he a spirit that will have the 
force of a Cromxoell^ and ivalk up in those halls 
and dissolve that long Parliament ;" and whereas, 
the said Gustavus St . Gem has , on the floor 
of this Convention , admitted that he did , on 
that occasion, use the words aforesaid: 

Resolved^ That the said Gustavus St. Gem, 
for the use of said words at said meeting, 
deserves the censure of this body. 

Mr. Clover moved that the resolution be 
referred to a select committee of five . 

Mr. Foster offered the following as a 
substitute for the preamble and resolution of 
Mr. Drake: 

Resolved, That the explanation of Mr. St. 
Gem — to the effect that he used the words 
*'in a Cromwell -like manner," and other 
words of like character, at the meeting in 
Turner Hall on Saturday night last, as ex- 
pressive of moral force — be accepted as 
satisfactory by this Convention . 

Mr. Holland demanded the previous 
question; on which, Mr. Drake demanded 
the ayes and noes, and the vote being taken, 
stood as follows : 

Ayes — Messrs. Bedford, Bonham, Budd, 
Bush, Cliildress, Clover, Cowden, Davis of 
Nodaway, Dodson, D'Oench, Drake, Es- 
ther, Evans, Filley, Fletcher, Folmsbee, 
Foster, Fulkerson, Gamble, Gilbert of Law- 
rence, Gilstrap, Green, Harris, Henderson, 
Holcomb, Holdsworth, Holland, Huglies, 
Huine, Husmann, King, Linton, McKer- 
nan, McFherson, Mack," Mitchell, Morton, 
Newg'ent, Nixdorf, Feck, Rankin, Eohrer, 



Smith of Worth, Strong, Sutton, Swearin- 
gen, Switzler, Weatherby, Williams of Cald- 
well, Williams of Scotland, and Mr. Presi- 
dent — 51. 

Noes — None. 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Davis of New Madrid, Ellis, 
Gilbert of Platte , Grammer, Martin, Owens, 
and Thilenius — 10. 

Absent without Leave — Messrs. Leon- 
ard and Smith of Mercer — 2. 

Sick— Mr . Mey er— 1 . 

Excused FROM Voting — Mr. St Gem — 1. 

So the previous question was sustained. 

The question then being on Mr. Clover's 
motion to refer the resolution of censure to 
a select committee of five, Mr. Drake de- 
manded the ayes and noes thereon , and the 
vote being taken , stood as follows : 

Ayes— Messrs. Budd, Childress, Clover, 
Cowden, Davis of Nodaway, Dodson, Evans, 
Filley, Fletcher, Folmsbee, Fulkerson, Gam- 
ble, Gilbert of Lawrence, Gilstrap, Green, 
Harris, Henderson, Holdsworth, Holland, 
Hughes, Hume, King, McPherson, Mack, 
Mitchell, Morton, Newgent, Peck, Pankin, 
Smith of Worth, Stron^-, Swearingen, Weath- 
erbj", Williams of Caldwell, and Mi'. Presi- 
dent — 35 . 

Noes — Messrs. Bedford, Bonham, Bush, 
D'Oench, Drake, Esther, Foster, Holcomb, 
Husmann, Linton, McKernan, Nixdorf, 
Rohrer, Switzler, and Williams of Scotland 
—9. 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Davis of New Madrid, Ellis, 
Grammer, Martin, Owens, and Thilenius 
—9. 

Absent without Leave — Messsrs. Leon- 
ard, Smith of Mercer, and Sutton — 3. 

Excused — Mr. St. Gem — 1. 

Sick — Mr. Meyer — 1. 

So the motion to refer the resolution to a 
select committee was adopted . 

The President appointed the following 
gentlemen as such committee : Messrs. 
Clover, Wilhams of Caldwell, Newgent, 
Foster, and Linton. 

Mr. Budd, Chairman of the Engrossing 
Committee, reported that the article on the 
Declaration of Eights had been trulj^ en- 
grossed, and submitted the same. 

Mr. Williams of Caldwell presented a 
protest and resolutions from citizens of 
St. Louis, upon the action of the Conven- 
tion, relative to the entire revision of the 
Constitution, which was received, read for 
information, and laid upon the table. 

On motion of Mr. Bedford, the Con- 
vention adjourned until half-past 2 o'clock 
P. M. 



104 



AFTEENOON SESSION. 

Convention met pursuant to adjournment, 
the President in the chair. 

Mr. Williams of Caldwell asked leave of 
absence for one week, in consequence of 
sickness in his family. Leave was g'ranted. 

Mr. FoLMSBEE moved to suspend the rules 
in order to take up the protest which was pre- 
sented this morning by citizens of St. Louis. 

Ml". BoNHAM demanded the ayes and noes 
thereon; which being- taken, the vote stood 
as follows : 

Ayes— Messrs. Bonham, Childress, Cow^- 
den, Davis of Nodaway, Dodson, Drake, 
Evans, Folmsbee, Gilbert of Lawrence, 
Henderson, Holdsworth, Hume. Linton, 
McPherson, Mack, Mitchell, Peck, Smith of 
Mercer, Smith of Worth, Strong-, Sutton, 
Weatherby, and Williams of Scotland--23. 

Noes - -Messrs . Bedford , Clover, D ' Oench, 
Esther, Foster, Fulkerson, Gramble, Gil- 
strap, Green, Holcomb, Holland, Husmann, 
King-, McKernan, Morton, Newgent, Nix- 
dorf, Eankin, St, Gem, Swearin^en, Switz- 
ler, Williams of Cakhvell, and Mr. Presi- 
dent— 23. 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Davis of New Madrid, Ellis, 
Gilbert of Platte, Grammer, Harris, Mar- 
tin, Owens, and Thilenius — 11. 

Absent without Leave — ^IMessrs. Budd, 
Bush, Filley, Fletcher, Hughes, Leonard, 
and Pohrer — 7 . 

Sick— Mr. Meyer — 1. 

So the motion to suspend was rejected. 

On motion of Mr. Drake, the article on 
Declaration of Eights, as reported back 
from the Engrossing Committee , was taken 
up and put upon its third reading. 

Mr. GiLSTRAP offered the following amend- 
ment : 

Amend by striking out the third section. 

On which Mr. Gilstrap demanded the 
ayes and noes. 

Mr. Bush offered the following as a substi- 
tute for the Declaration of Eights, reported 
by the Engrossing Committee, and moved 
that It be made the special order for next 
Monday : 

ARTICLE — . 

Declaration of Rights . 
( The amendments are printed in Italics. ) 

That the general, great, and essential 
principles of liberty and free government 
may be recognized and established, we 
declare : 

Section 1. That all political power is 
vested in, and derived from, the people. 

Sec. 2. That the people of this State have 



the inherent, sole, and exclusive right of 
re^-ulating the internal government and 
police thereof; and of altering and abolish- 
ing their constitution and form of govern- 
ment w^henever it may be necessary to their 
safety and happiness. 

Sec . 3 . That this State shall ever remain a 
member of the American Union ^ and that the 
people thereof are a part of the people of the 
United States ; that all attempts to dissolve said 
Union ought to he resisted with the whole power 
of the State ; that every citizen owes paramount ' 
allegiance to the constitution and government of 
the United States ; that no law or ordinance in 
contravention or subversion thereof can have any 
binding force. 

Sec. 4. That the people have the right 
peaceably to assemble for their common 
good, and to apply to those vested with the 
powers of government for redress of griev- 
ances, b,y petition or i-emonstrance ; and that 
their right to bear arms in defense of them- 
selves and of the State can not be questioned. 

Sec. 5. That all men have a natural and 
indefeasible right to ^vorship Almighty God 
according to the dictates of their own con- 
sciences ; that no man can be compelled to 
erect, support, or attend any place of wor- 
ship, or to maintain any minister of the 
gospel or teacher of religion; but whatever 
contracts any person may enter into for any such 
object ought, in law, to be binding and capable oj 
enforcement, as other contracts; that no human 
authority can control or interfere with the 
rights of conscience; that no person can 
ever be hurt, molested, or restrained in his 
religious profession, or sentiments, if he 
do not disturb others in their religious 
worship . 

Sec. 6. That no person, on account of 
his religious opinions, can be rendered ineli- 
gible to any office of trust or profft under 
this State, nor be disqualified from testifying 
or serving as a juror ; that no preference can 
ever be given, by law^, to any sect or mode 
of worship; and that no religious corpora- 
tion can ever be established in this State; but 
provision may be made by general laws for the 
incorporation of religious societies, so as to ena- 
ble them, through trustees of their own choosing, 
to acquire., hold or transfer such property .^ as 
may be required for church buildings, parsonages 
or burial grounds , and for no other purpose. 

Sec . 7 . That all elections shall be free and 
equal. 

Sec. 8. That courts of justice ought to be 
open to every person, and certain' remedy 
afforded for every injury to person, property, 
or character; and that right and justice 
ought to be administered" without' sale, 
denial, or delay; and that no private pro- 
perty ought to be taken or applied to public 
use without just compensation. 

Sec. 9. That the right of trial by jury 
shall remain inviolate. 

Sec . 10 . That in all criminal prosecutions, 
the accused has the right to be heard. by 
himself and his counsel; to demand the 
nature and cause of accusations; to have 
compulsory process for witnesses in his 



105 



favor; to meet the witnesses against liim 
face to face; and, in prosecutions on pre- 
sentment or indictment, to a speedy trial by 
an impartial jury of the vicinag-e;' that the 
accused can not be compelled to o'ive evidence 
against himself; nor be deprived of life, 
liberty, or property, but by the judgment 
of his peers, or the law of the land. 

Sec . 11 . Tliat no person , after havi ng been 
once acquitted by a jury, can, for the same 
offense, be again put in jeopardy of life or 
liberty; but if in any criminal prosecution 
the jury be divided in opinion, the court 
before which the trial shall be had may, in 
its discretion, discharge the jury, and com- 
mit or bail the accused for trial at the next 
term of such court. 

Sec. 12. That all persons shall be bailable 
by sufficient sureties, except for capital 
offenses, wiien the proof is evident or the 
presumption great ; and the privilege of the 
writ of habeas corpus can not be suspended, 
unless when, in cases of rebellion or invasion, 
the public safety may require it. 

Sec. 13. That excessive bail shall not be 
required, nor excessive ftnes imposed, nor 
cruel and unusual punishments inflicted. 

Sec . 14. That there can not he in this State 
either slavery or involuntary servitude, except in 
punishment of crime, whereof the party shall 
have been duly convicted. 

Sec, 15. That no person can^ on account of 
eolor^ he disqualified as a witness., or be sub- 
jected, in law., to any other restraints or dis- 
qualifications in regard to any personal rights, 
than such as are laid upon othe?'S under like cir- 
cumstances . 

Sec. 16. That the people ought to be 
secure in their persons, papers, houses, and 
effects, from unreasonable searches and 
seizures; and no warrant to search any place, 
or to seize any person or thing, can issue 
without describing the place' to be searched , 
or the person or thing to be seized, as neai-ly 
as may be, nor without probable cause, sup- 
ported by oath or affirmation. 

Sec. 17. That no person can, for an in- 
dictable offense, be proceeded against crimi- 
nally, by information, except in cases arising 
in the land or naval forces, or in the militia 
when in actual service, in time of war or 
public danger, or by leave of the court, for 
oppression or misdemeanor in office . 

Sec. 18. That treason against the State 
can consist only in levying war against it, 
or in adhering to its enemies, giving them 
aid or comfort : that no person can be con- 
victed of treason unless on the testimony of 
two witnesses to the same overt act, or on 
his own confession in open court; that no 
person can be attainted of treason or felony 
by the General Assembly; that no conviction 
can work corruption of blood; that there can 
he no forfeiture of estate for any crime, except 
treason; that the estates of such persons as 
may destroy their own lives shall descend or 
vest as in cases of natural death; and when 
any person shall be killed by casualty, there 
ought to be no forfeiture by reason thereof. 



Sec. 19. That the free communication of 
thouo-hts and opinions is one of the invalua- 
ble rights of man , and that every person 
may freely speak, write, and print on any 
subject, iDeing responsible for the abuse of 
that liberty; that in all prosecutions for 
libels, the truth thereof may be given in 
evidence, and the jury may determine the 
law and the facts, under the direction of the 
court . 

Sec. 20. That no ex post facto law, nor 
law impairing the obligation of contracts, or 
retrospective in its operations, can be passed; 
nor can the person of a debtor be imprisoned 
for debt, except for fines or penalties imposed 
for violation of law . 

Sec. 21. That all property, subject to 
taxation in this State , shall be taxed "in pro- 
portion to its value. 

Sec. 22. That no title of nobility, heredi- 
tary emolument, privilege, or distinction, 
shall be granted . 

Sec. 23. That emigration from this State 
can not be prohibited . 

Sec. 24. That the military is, and in all 
cases and at all times, sha'U be, in strict 
subordination to the civil power; thafno 
soldier can, in time of peace, be quartered 
in any house, without the consent of the 
owner, nor in time of war but in such 
manner as may be prescribed by law; nor 
can any appropriation for the support of any 
army be made for a longer period than two 
years. 

Mr. Drake moved that the substitute 
offered by Mr. Bush be laid on the table, and 
demanded the ayes and noes thereon, and 
the vote being taken, stood as follows: 

Ayes — Messrs. Bonham, Childress, Cow- 
den, Davis of Nodaway, Drake, Esther, 
Evans, Filley, Folmsbee, Fulkerson, Gam- 
ble, Henderson, Holdsworth, Hume, King, 
McKernan, McPherson, Mack, Mitchell, 
Newo-ent, Peck, Eankin, Smith of Mercer, 
Smith of Worth, Strong, Sutton, Swearin- 
gen, Weatherby, and Williams of Scotland 
—29. 

Noes— Messrs. Bedford, Bush, Dodson, 
D'Oench, Foster, Gilbert of Lawrence, Gil- 
strap, Green, Harris, Holcomb, Holland, 
Husmann, Linton, Morton, Xixdorf, Eohrer, 
St. Gem, and Mr. President— 18. 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Davis of New Madrid. Ellis, 
Gilbert of Platte, Grammer, Martin, Owens, 
Thilenius, and AYillianis of Caldwell — 11. 

Absent without Leave — Messrs. Budd, 
Clover, Fletcher, Hughes, Leonard, and 
Switzler — 0. 

S ICK — Mr . Mejx^r — 1 . 

So the motion to lay the substitute on the 
table was adopted. 

Mr. Folmsbee moved to reeonsidor the 
vote by which the substitute otlered by Mr. 
Bush for the article on the Declaration oi 
Ivights was hiid on the table, and also 



106 



moved to lay that motion on the table, which 
latter motion was agreed to . 

The question then being on the adoption 
of the amendment proposed by Mr. Gil- 
strap, and the ayes and noes ha^dng been 
demanded, and being taken, the vote stood 
as follows : 

Ayes— Messrs. Bedford, Childress. Cow- 
den, Dodson, Esther, Gamble, Gilstrap, 
Harris, Mack, Morton, and Sutton — 11. 

XoES — ^ISIessrs. Bonham. Bush, Davis of 
]S'odaway, D'Oench, Drake, Evans, Filley, 
Folmsbee, Foster, Fulkerson, Gilbert of 
Lawrence, Green, Henderson, Holcomb, 
Holds worth, Holland, Hume, Husmann, 
King, Linton, McKernan, McPherson, 
Mitchell, Xewgent, Nixdorf, Peck, Rankin, 
Eohrer, St. Gem, Smith of Mercer. Smith 
of Worth, Strong. Swearin^en, Weatherby, 
Williams of Scotland, and Mr. President 
—36. 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Davis of Xew Madrid, Ellis, 
Gilbert of Platte . Grammer, Martin. Owens, 
Thilenius, and Williams of Caldwell — 11. 

Absext without Leave — Messrs. Budd, 
Clover, Fletcher, Hughes, Leonard, and 
Switzler— 6. 

Sick — Mr. Mej^er — 1. 

So the amendment was rejected. 

Mr. Gilstrap offered the follomng amend- 
ment : 

Amend the bill of rights by striking out 
of section first the w^ords "equally free," 
and insert the words ' 'fi-ee and equal. ' ' 

Pending which, Mr. Linton moved, as a 
substitute for the amendment offered by Mr. 
Gilstrap, the following : 

Strike out the words "equally free, and 
are." 

The question being on the substitute offered 
by Mr. Linton to the amendment of Mr. Gil- 
strap, Mr. Gilstrap demanded the ayes and 
noes, and the vote being taken, stood as fol- 
lows: 

Ayes— Messrs. Bush, Childress, Cowden, 
Dodson, D'Oench. Esther, Fillev, Foster, 
Gamble, Gilsti-ap, Green, Harris. Henderson, 
Holcomb. Holland, Husmann, King, Linton, 
McKernan, Mack. Morton, Xewgent, Mx- 
dorf, Eankin, Rohrer, St. Gem, Smith of 
Worth, Strong, Swearingen, and Mr. Presi- 
dent— 30. 

Noes — Messrs. Bonham, Davis of Noda- 
way. Drake, Evans, Fletcher. Folmsbee, 
Fulkerson. Gilbert of Lawrence, Holdsworth, 
Hume, McPherson, Mitchell, Peck, Smith of 
Mercer, Sutton, and Wilhams of Scotland 
—16. 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Davis of New Madrid, Ellis, 



Gilbert of Platte, Grammer, Martin, Owens, 
Thilenius, and WUliams of CaldweU — 11. 

Absent without Leave— Messrs. Bed- 
ford, Budd, Clover, Hughes, Leonard^ Smtz- 
ler, and Weatherby — 7. 

Sick — ^Mr. Meyer — 1. 

So the substitute was adopted. 

Mr. St. Gem offered the following amend- 
ment : 

Amend section ninth bj' striking out all 
after the word "profession," in the sixth 
line. 

]\lr. Holland moved to lay the amend- 
ment upon the table; on which motion 
Mr. St. Gem demanded the ayes and noes, 
and the vote being taken, stood as follows: 

Ayes — Messrs. Bonham, Childress, Cow- 
den, Davis of Nodaway, Dodson, Drake, 
Esther, Filley, Folmsbee, Fulkerson, Gam- 
ble, Henderson, Holdsworth, Holland, Hume, 
King, McPherson, Mack, Mitchell, New- 
gent, Peck, Eankin, Smith of Mercer, Smith 
of Worth, Strong, Sutton, Swearingen, 
Williams of Scotland, and Mr. President— 29. 

Noes — ^3Iessrs. Bush, D'Oench, Evans, 
Foster^ Gilbert of Lawrence, Green, Harris, 
Holcomb. Husmann, Linton, McKernan, 
Morton, Nixdorf, Eohrer. and St. Gem — 15. 

Absent with Leave. — Messrs. Adams, 
Barr, Bunce, Da^is of New Madrid, Ellis, 
Gilbert of Platte, Grammer, Martin, Owens, 
Thilenius, and Williams of Caldwell — 11. 

Absent without Leave — Messrs. Bed- 
ford, Budd, Clover, Fletcher, Gilstrap, 
Hughes, Leonard, Switzler, and Weath- 
erby— 9. 

Sick— Mr. Meyer — 1. 

So the motion to lay on the table was 
agreed to . 

Mr. St. Gem offered the following amend- 
ment: 

' 'Strike out sections tu'elve and thirteen." 

Which was ruled out of order by the Presi- 
dent. 

]Mr. St. Gem moved to adjourn, which 
was rejected. 

Mr. Bonham moved that the article on 
Declaration of Eights be adopted, on which 
motion Mr. Gilstrap demanded the ayes 
and noes, and the vote being taken, stood as 
follows : 

Ayes — Messrs. Bonham, Childress, Cow- 
den, Davis of Nodaway, Dodson, Drake, 
Esther. Filley, Folmsbee. Fulkerson, Gam- 
ble, Gilbert of Lawrence, Gilstrap, Hender- 
son, Holdsworth, Hume, King, McPherson, 
Mack, Mitchell, Newgent, Peck, Eankin, 
Smith of Mercer, Smith of Worth, Strong, 
Sutton. Swearmgen, and Wilhams of Scot- 
land— 28. 

Noes — Messrs. Bush, D'Oench, Evans, 
Foster, Harris, Holcomb, HoUand, Hus- 



107 



maim, Linton, McKenian, Morton, Mxdorf, 
Rohrer, St. Gem, and Mr. President— 15. 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Davis of New Madrid. Ellis, 
Gilbert of Platte, Grammer, Martin, 
Ow^ens, Thileniiis, and Williams of Caldwell 
—11. 

Absent without Leave— Messrs. Bed- 



ford, Bndd, Clover, Fletcher, Green, Hughes, 
Leonard, Switzler, and Weatherby — 9. 

Sick — Mr. Meyer — 1. 

So the article on Declaration of Eights was 
adopted . 

On motion of IVii-. Davis of Nodaway, 
the Convention adjourned until half-past 9 
o'clock to-mori'ow morning. 



thirty-ninth: d^y. 



WEDNESDAY, February 22d, 1865. 



Convention met pursuant to adjournment, 
the President in the chair. 

Prayer by Eev. Mr. McKim. 

On motion of Mr. Strong, leave was 
granted to Mr. Clover to record his vote on 
the Declaration of Eights. Mr. Clover 
voted "aye." 

On motion of Mr. Budd, Mr. Switzler 
was permitted to record his vote on the same 
question. Mr. Switzler voted "no. " 

On motion of Mr. St. Gem, leave was 
granted Mr. Hughes to record his vote on 
the same question. Mr. Hughes voted 
"aye." 

Mr. Weatherby was also permitted to 
record his vote on the same question . He 
voted "aye." 

Mr. McKernan asked leave of absence for 
Mr. Nixdorf for one week, which was 
granted . 

On motion of Mr. Drake, the article on 
EaUroad Indebtedness was read the first and 
second time, by its title, and ordered to be 
referred to the Committee of the Whole. 

Mr. Strong called up the regular order of 
the day, it being an oi'dinance providing for 
the vacating of certain civil offices in the 
State, filling the same anew, and protecting 
the citizens from injury and harassment. 

Mr. Switzler moved to amend the first 
section as follows: 

Strike out all between the word "ap- 
pointed," in the sixth line, and "shall," 
in the tenth line. Strikeout "the," after 
' 'hold," in the tenth line, and insert ' 'said." 
Strike out after ' 'offices, ' ' in the tenth line, 
the words "to wiiich they may be ap- 
pointed," and in the eleventh line, after 
' 'period, ' ' insert ' ' with same authority. ' ' 



Mr. GiLSTRAP offered the follomng as a 
substitute for the amendment of Mr. Switz- 
ler: 

Amend by inserting in the sixth Ime, after 
the word "appointment," the words "for 
the remainder of the term of each office, 
respectively, ' ' and strike out all aft^r that, 
in section first. 

Mr. Strong offered the following amend- 
ment to the substitute proposed by Mr. Gil- 
strap : 

Substitute the words ' ' until the next gen- 
eral election," for the words "for the re- 
mainder of the term of each office, respect- 
ively . ' ' 

On motion of Mr. Bonham, the Conven- 
tion adjourned until half-past 2 o ' clock P.M. 



AFTEENOON SESSION. 

Convention met pursuant to adjournment, 
the President in the chair. 

Mr. Hughes offered the following resolu- 
tion : 

Resolved, That no member of this Conven- 
tion will accept an ap])ointment to any office 
which may be vacated hy any ordinance of 
tills Convention, except Avliere he is the 
present incumbent. 

Mr. FiLLEY moved to lay the resolution on 
the table, and thereupon, Mr. Hughes with- 
drew it. 

Mr. Drake moved to postpone, until the 
15th day of March next, the further con- 
sideration of the ordhiance providing for the 
vacating of certain civil offices, etc., and 
demanded the aves noes thereon. 



108 



Mr. HusMAJS^N moved tolay ]VIr. Drake's 
motion on the table, which motion he with- 
drew. 

After debate, Mr. Gilstrap renewed the 
motion to lay on the table, and demanded 
the ayes and noes, which being taken, the 
vote stood as follows : 

Ayes— Messrs. Fletcher, Foster, Fulker- 
son, Gilbert of Lawrence, Gilstrap, Hus- 
mann, Newgent, St. Gem, Strong, and 
Swearingen — 10. 

Noes — Messrs. Bonham, Budd, Bnsh, 
Childress, Clover, Davis of Nodaway, Dod- 
son. Drake, Filley, Folmsbee, Gamble, 
Green, Harris, Henderson, Holcomb, Holds- 
worth, Holland, Hughes, Hume, King, 
Linton, McKernan, McPhersou, Mack, 
Peck, Eankin, Eohrer, Smith of Mercer, 
Smith of Worth, Sutton, S^^itzler, Weath- 
erby, and Mr. President — 33. 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Da\as of New Madrid, Ellis, 
Gilbert of Platte, Grammer, Martin. Nix- 
dorf, Owens, Thilenius, and AVllliams of 
CaldweU— 12. 

Absent without Leave — Messrs. Bed- 
ford, D'Oench. Evans, Leonard, Morton, 
and Williams of Scotland— 6. 

Sick — Messrs. Cowden, Esther, Meyer, 
and Mitchell — i. 

So the motion to lay on the table was re- 
jected. 

Mr. BoNHA]vi moved that the ordinance be 
referred to a special committee, consisting 
of one member from each congressional 
district. 

Pending which, it being announced that 



his excellency Governor Fletcher was in 
the hall, the President appointed Messrs. 
Drake and Weatherby as a committee to 
wait upon the Governor and conduct him to 
a seat within the bar, which they accordingly 
did. 

Mr. Filley moved to adjourn; on which 
motion Mr. Smith of Worth demanded the 
ayes and noes, and the vote being taken, 
stood as follows : 

Ayes— Messrs. Bedford, Bonham, Budd, 
Childress, Da^is of Nodaway, Dodson, 
Drake, Evans, Filley, Fletcher, Folmsbee, 
Gamble, Gilbert of Lawrence, Harris, 
Henderson, Holcomb, Holdsworth, Hume, 
King, Leonard, Linton, McKernan, Mc- 
Pherson, Mack, Morton Peck, Eankin, 
Eohrer, St. Gem, Smith of Mercer, Sutton, 
Switzler, Weatherbv, and Williams of Scot- 
land— 34. 

Noes— Messrs. Bush, Clover, Foster, Gil- 
strap, Green, Holland, Hughes, Husmann, 
Newgent, Smith of Worth ^ Strong, Swear- 
ingen, and Mr. President — 13. 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Davis of New Madrid, Ellis, 
Gilbert of Platte, Grammer, Martin, Nix- 
dorf. Owens, Thilenius, and Williams of 
Caldwell— 12. 

Absent without Leave— Messrs. D'Oench 
and Fulkerson — 2. 

Sick — M(3ssrs. Cowden, Esther, Meyer, 
and Mitchell — L 

So the motion to adjourn was agreed to, 
and the Convention adjourned until half-past 
9 o'clock to-morrow morniuo-. 



fortieth: d^y. 



THUESDAY, Febrl^iry 23d, 1865. 



Convention met pursuant to adjournment, 
the President in the chair. 

Prayer by Eev. Mr. Fenton. 

On motion of Mr. Mack, the memorial 
heretofore presented on the subject of the 
Southwest Branch of the Pacific Eailroad 
was ordered to be signed by the President 
and Secretary of this body, and forwarded 
to the President of the United States. 

On motion of Mr. Holland, copies of said 
memorial were ordered to be sent to the 
members of Congress from this State, repre- 
senting the districts in which said road is 
located. 



Mr. Folmsbee called up his amendment to 
the ordinance vacating certain offices, which 
was offered yesterday, and ^vithdrawn: 

Amend section first by inserting, after the 
word "assistants," in the fourth line, the 
words "sheriffs, township marshals and 
notaries public. ' ' 

Mr. St. Gem offered thefollomng amend- 
ment, which was read for information: 

Amend section second by striking out, in 
the third line, the word ' 'after, ' ' and insert 
in lieu thereof the word ' 'from;" and add, 
after the word "sixty-one," in the fourth 
line, the words ' 'to the first day of January, 
one thousand eight hundred and sixtv-five. ' ' 



109 



Mr. Clover offered an amendment to the 
motion of Mr. Bonliam, referring the ordi- 
nance to a committee of one from each con- 
gressional district, by adding thereto as 
follows : 

With instructions to report forthwith on the 
propriety of a measure, and in what form 
said measure sliould be enacted, for the va- 
cating of such civil offices as may, in their 
opinion, be necessary to protect the loyal 
people of the State, and to harmonize the 
working of the State government; and hke- 
wise to protect loyal citizens from injury and 
harassment from'^prosecutions for acts done 
by them in support of the government in the 
existing rebellion. 

Mr. Dkm£E renewed his motion to post- 
pone the farther consideration of the ordi- 
nance until the 15th of March next, and 
demanded the ayes and noes thereon, w^hich 
l)eing taken , the vote stood as follows : 

Ayes— Messrs. Bonham, Budd, Childress, 
Glover, Davis of :N'odaway, Drake, Esther, 
Evans, Folmsbee, Fulkerson, Gamble, Gil- 
bert of Lawrence, Harris, Holcomb, Holds- 
worth, Hughes, Hume, King, Linton, Mc- 
Kern.^n, McPherson, Mack, Morton, Peck, 
Rankin, Sutton, Switzler, Williams of Scot- 
land, and Mr. President — 29. 

jSToES — Messrs. Bedford, Bush, Davis of 
New Madrid, Dodson, D'Oench, Fletcher, 
Foster, Gilstrap, Green, Holland, Husmann, 
Leonard, Newgent, Rohrer, St. Gem, Smith 
of Worth, Strong, Swearingen, Weath- 
erby— 19. 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Ellis, Gilbert of Platte , Gram- 
mer, Martin, Mxdorf, Owens, Thilenius, 
and Williams of Cakhyell— 11 . 

Absent without Leave — Messrs. Filley, 
Henderson, and Smith of Mercer — 3. 

Sick — Messrs. Cowden, Meyer, and Mitch- 
ell— 3. 

So the motion to postpone was agreed to. 

Mr. Bush asked leave of absence for him- 
self this afternoon. Leave was granted. 

Mr. St. Gem asked leave of absence for 
Mr. Fletcher for this afternoon, which was 
granted . 

On motion of Mr. Bedford, the Conven- 
tion adjourned until half-past 2 o* clock P. M. 



AFTERNOON SESSION. 

Convention met pursuant to adjournment, 
the President in the chair. 

Mr. Gamble presented a petition, which 
was read, from citizens of the counties of 



Audrain, Pike, Montgomery and Lincoln, 
praying for the erection of a new county out 
of territory embraced therein, to be called 
the county of Fletcher, and asked to have 
the same referred to the Committee on Mis- 
cellaneous Business. It was ordered to be 
so referred. 

Mr. Smith of Worth offered the following 
resolution: 

Resolved^ That when this Convention ad- 
journs this day it will adjourn to meet at the 
Representatives hall in Jefferson City, on 
the 15th day of March, 1865, at 10 o'clock 
A. M. 

Mr. Bonham moved to lay the resolution 
on the table, and demanded the ayes and 
noes thereon, which being taken, the vote 
stood as follows: 

Ayes — Messrs. Bonham, Budd, Childress, 
Davis of Nodaway, Dodson, Drake, Esther, 
Evans, Folmsbee, Fulkerson, Gamble, Gil- 
bert of Lawrence, Henderson, Holds worth, 
Hume, King, Leonard, Linton, McKernan, 
McPherson, Mack, Morton, Peck, Rankin, 
Rohrer, Smith of Mercer, Sutton, and Wil- 
liams of Scotland — 28. 

Noes — Messrs. Bedford, Bush, Clover, 
Davis of New Madrid, D'Oench, Fletcher, 
Foster, Gilstrap, Green, Harris, Holcomb, 
Holland, Hughes, Husmann, Newgent, 
Smith of Worth, Strong, Swearingen, Switz- 
ler, Weatherby, and Mr. President — 21. 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Ellis, Gilbert of Platte, Gram- 
mer, Martin, Nixdorf, Owens, Thilenius, 
and Williams of Caldwell— 11. 

Absent avithout Leave — Messrs. Fil- 
ley and St. Gem— 2. 

Sick — Messrs. Cowden, Meyer, and jMitch- 
ell— 3. 

So the resolution was laid upon the table. 

On motion of Mr. Drake, the Convention 
resolved itself into a Committee of the 
Whole, to resume consideration of amend- 
ments to the Constitution. After some time 
spent therein, the President resumed the 
chair, and Mr. Leonard reported that the 
Committee of the Whole had, according to 
order, had under consideration amendments 
to the Constitution, and particularly the 
article on Executive Power, but had come to 
no resolution thereon. 

Mr. Hughes asked leave of absence for 
three days, which was granted. 

On motion of Mr. Folmsbee, the Con- 
vention adjourned until half-past 9 o'clock 
to-inorrow morning. 



no 



FORTY-FIRST DA.Y. 



The Convention met pursuant to adjourn- 
ment, the President in the chair. 

Prayer by Rev. Mr. McLane. 

Mr. Gamble presented a petition, which 
was read, from citizens of the counties of 
Montgomery, Pike, Audrain, and Lincoln, 
praying for the erection of a new county 
from territory embraced in said counties; 
which, on motion of Mr. Gaivible, was 
referred to the Committee on Miscellaneous 
Provisions . 

Mr. Smith of Mercer, Chairman of the 
Committee on Loyalty of Members, pre- 
sented the following report and accompany- 
ing papers : 

Mr. President — The Committee on the 
Loyalty of Members, beg leave to report, 
that they have had under" consideration the 
case of Mr. Thomas B. Harris, of Callaway 
county, and are of the opinion that he is 
disloyal. Your committee do, therefore, 
recommend that he be expelled from this 
body. The evidence in the case is herewith 
transmitted . 

(Signed) K. G. SMITH, Chairman. 

State of Missouri 
County of Callaway. 

William E. Wilson, aged forty-seven years, 
by occupation clerk of county court, makes 
oath and savs, that on or about the 17th day 
of July, 1861, it being the day of the 
Overton Eun tight, he saw Thomas B. 
Harri'j, of Callaway county, ride into Fulton, 
and at the time deponent and others, who 
he does not now remember, were sitting in 
front of the ' 'Western Bank' ' building in 
Fulton, when said Harris, passing by, called 
upon the crowd to knoAV ' ' what' they were 
doing there, ' ' sajiug, ' • Avhy don't you go 
and assist in driving out the invaders of our 
State," or words to that effect , meaning, as 
deponent supposed; the Federal soldiers then 
approaching Fulton, under Colonel John 
McNeil, urging the citizens to arm them- 
selves as best they could and offer resistence 
to the invader. Deponent fmlher states that 
said T. B. Harris has never since the ' 'Over- 
ton Eun , " or about that time, been regarded 
by L^nion men anything else but a rebel or 
rebel sympathizer ; his associations have 
been with what are termed ' 'Southern men, " 
and not with ' • Union men , " as far as my 
observation has enabled me to judge. 

(Signed) William E. Wilson. 

._ Libscribed 
8th day of February, 1865. 

(Signed) Thomas B. Nesbit, 

Clerk County Court .^ Callav:ay County^ Mo. 



FEIDAY, February 24th, 1865. 

State of Missouri, 

County of Boone . 

J. S. W^illiams, of lawful age, being duly 

svv^orn, deposeth and says: ' '"l know Thos. 

B. Harris, of Callaway county, and have 

known him since 1859; his general charac- 

i ter for loyalty to the Government of the 

i United States is bad; I have heard him 

! since the 17th day of December, 1861, make 

j use of expressions of disloyalty and treason; 

; during the summer and fall of '61, he, at 

j diveivs^ times, endeavored to excite the people 

of Callav,^ay, at Fulton, to armed resistance 

I to the United States troops, calling upon the 

I citizens to get arms of any kind, scythes, 

I pitchforks, or anj'thing — tliat the 'damned 

j Dutch would get the county if not re- 

I sisted . ' " 

(Signed) J. S. Williams. 

Sworn and subscribed to before me, this 
12th day of February, A. D. 1865. 

(Signed) " H. M. Bradley, 

Cajjt. and AssH Frov. Marshal. 



\ State of Missouri. 
I County of Boone. 

Patrick Cain, of lavvful age, beino- duly 
sworn, deposes and says: ' '1 know Thomas 
B. Harris, of Callaway county; have known 
him over live years ; his character for loyalty 
IS bad ; on the day after the battle at Over- 
ton 's run, in Callaway county, near Fulton, 
: I was at Fulton wlien the ^ rebel General 
Hari-is came into the town, and told the 
I people that he wanted them to assist him, 
j that if thay did not do so that Mci^eil would 
j drive theni out of the town; Thomas B. 
I Harris was there, standing close to the Gene- 
i ral, and after he had got through his speech, 
I spoke, and said: 'That is so, General, and I 
I will do my part; if we do not do as you 
i ask. the " damned Dutch will take the 
town . ' " 

(Signed) Patrick Cain. 

Sworn to and subscribed beford me, this 
12th day of February. A. D. 1865. 
(Signed) 'H. M. Bradley, 

Capt. and Provost Marshal. 

Office of Asst. Provost Marshal, ) 
Fidton, Missotm, Nov. 10, 1864. j 

Statement of Dr. John W. Martin, aged 
fiftj'-three years, by occupation a i}hysician, 
and a citizen of Callaway county, Missouri: 
Witness states that, some time about the 
middle of July, 1861, he saw Thomas B. 
Harris, of Callaway county, Missouri, pass- 
ing along the street, in Fulton, on horse- 
back, and heard him saj, "what are yon 
all doing there'?' ' meaning, as he supposed, 
to urge men to assist in resistmg Federal 



Ill 



autliorit;s% or to oppose the advance of Colo- 
nel McNeil's command; and that he has, 
smce that time, understood him to be a 
Southern sympathizer, and opposed to the 
exercise of Federal authority. 

(Signed) John W. Martin. 

Sworn to and subscribed this 16th day of 
January, 1865, before me. 

(Signed) J. W. Stewart, 

Capt. and Asst. Provost Marshal. 

I, John Saunders, a resident of Audrain 
county , Missouri , on oath declare : I was at 
Lakeland's Schoolhouse on the Sunday after 
the takiuo- of Fort Sumter, and I saw 
Thomas B'. Harris there; in the course of 
a conversation that sprung up between him 
and George Sullivan, Joseph Lakenan, and 
a Mr. Ross, at which I vv^as present, Sullivan 
accused Harris, in a rather playful manner, 
of being a Union man, at which Harris got 
nettled, and replied to Sullivan not to call 
him a Union man if he did not want to insult 
him; further, during the gathering of 
the rebels in Callaway county, under Jetf. 
Jones, I was captured"^by Jones, and, under 
the charge of bein»- a Federal spy, I was 
kept prisoner by him until he got scared, 
and suddenlj^ disbanded his men one night; 
I believe it was on Friday night men came 
into camp, and notified Jones that Ceneral 
Prentiss was moving on him; they moved 
from Dyer's mills to Stringfield's store on 
Saturday, and Thomas B. Harris came into 
camp , and went with us part of the way to 
Stringfield's store, apparently directing 
movements ; on the march he espied me in 
a wagon; he rode back and forth along 
the lines , and , when iDassing by me , he al- 
ways stopped talking; he was in company 
with Joseph Lakenan all the time; this 
was in the tail of 1881, during the encamp- 
ment of General Henderson and Colonel 
Krekel at lYellsville ; I have stated that 
Harris went part of the way; the rebels 
were divided into two parts, after crossing 
the Mexico and Fulton road, one going by 
Jeff. Jones' house, the other, by a inoi-e 
southern route, to Stringfield's store; Har- 
ris, after this division, was not with the 
gang I was with; I am unable to say whether 
lie was with the other ]3arty or not, after the 
division. (Signed) John Saunders. 

Subscribed and sworn to before me, this 
21st day of January, 1865. 

(Signed) ' H. B. Sayre, 

Lieut, and Asst. Provost Marshal. 

St. Louis, February 22, 1805. 
Statement of Janies M. Martien, with re- 
gard to the political character of David L. 
Whaley, William T. Snell, A. A. Fant, E. 
R. Buckner, and G. W. Sullivan: I know 
David L. Whaley to be a rebel; can prove 
he was in arms against the government in 
the early part of the rebellion' and recruited 
and drilled men for the rebel ''State Guard;" 
no truly loyal man regards Whaley as any- 



thing but a rebel sympathizer at the present 
time ; I know William T . Snell to be also a 
rebel sympathizer; can prove he contributed 
ten dollars in cash to raise and outfit Dan. 
Mclntyre's rebel company, in 1861: Snell 
has since been on duty as commander of the 
E. E. M.; can prove that, whilst on that 
duty, he (Snell) stated that the State authori- 
ties would, and ought to, resist the United 
States conscription law; can also prove that 
Snell said that there were four i^ersons, citi- 
zens of Fulton (radicals), that would not be 
permitted to live in the State when the war 
was over; A. B. Fant is a horse and mule 
trader; made a large amount out of the Gov- 
ernment; says but little ; but is regarded by 
myself and all loyal men as a rebel sympa- 
thizer. R. E.. Buckner is notoriously dis- 
loyal; an out-and-out fire-eater. With re- 
gard to James Harris, I believe he is a 
brother-in-law of Thomas B. Harris; if so, 
he is disloyal; I do not know one of the 
name that is not disloj^al. G. W, Sullivan 
was a rebel sjanpathizer wlien he lived in 
Audrain county, in the neighborhood of T. 
B. Harris; he associated habitually with 
rebels, and was required to give a hea\y 
bond. With regard to the statement of 
General McNeil, it is, no doubt, true that 
Harris "'appeared to be as loyal as any of 
his neighbors ; " I know his neighbors 
well; they were, and are, all disloyal; I 
do not think there is one loyal man, '^ at the 
present time, in the township Harris resides 
in; Thomas B. Harris is a man of influence 
in his county, and has had much to do in 
shaping public opinion, particuLirly in his 
own to^\aiship; Thomas B. Harris was, in 
1860, apparently a Union man, but, upon 
the capture of Camp Jackson, became in- 
tensely rebel; was a friend of the rebel 
General Tom. Harris, at the time he was 
operating in Callawaj'^ countj^; held to the 
doctrine" that the government liad been 
usurped; that, in fact, no government ex- 
isted; that President Lincoln had no legal 
authority; that the Constitution had been 
violated and trampled under foot; Thomas 
B . Harris has always looked with contempt 
and detestation on Federal soldiers. 

(Signed) James M. Martien. 

Sworn and subscribed to at St. Louis, this 
22d day of February, 1865, before me, 
(Signed) John A. Cunningham. 

Justice of the Peace. 



State of Missouri, ) 
County of Callaway . J " ' 

I. AVm. R. Wilson, Clerk of the Callaway 
County Court, do hereby certify that I aiu 
personallv acquainted with the within named 
artiants, James 1[. Tucker, E. R. Parker. 
Ruths Abbot, and Thomas Paiton, and 
know them to bo true and loyal Union men, 
and all of them have been 'citizens oi x\\U 
place (Fulton) and county for fifteen or 
twenty years or more, and 'they have had jill 
opportunity of knowing the political status 
of the meii of whom tiiev have been called 



112 



upon to testify; their statements are en- 
titled to full faith and credit. 
In testimony whereof, I hereunto subscribe 
my name and affix the seal of the 
[l. s.] co'urt, at office, this 2d day oi Febru- 
ary, 1865. 
(Signed) Wm. R. Wilson, 

Cle7'k Callaway County Court. 

State of Missouri 

County of Callaway. 

Before me, William R. Wilson, Clerk ot 
the Callaway County Court, personally come 
James H. Tucker, Ed\\in R. Parker and 
Rufus Abbot, who make oath and say that 
they have been acquainted with A. B. Fant, 
Wm. H. Bailey, Ano-us Berry, Thos, A. 
Howard and John H. Hovrard, from the 
commencement of the present rebellion, and 
have regarded them as disloyal, and consider 
that they have been so regarded by Union 
men ; they have not acted with Union men ; 
Joseph Flood is and has been regarded as 
a loyal man, of which we have no doubt; 
it is true that he was a judge of the court 
when an order was made' to assist wounded 
rebels to return to their homes, in Callaway 
county, from Springfield, Mo., in 1861; it 
is also true that he, with others declined to 
take the Convention oath, and retain his 
place as judge of the county court; not- 
withstanding these things. Judge Flood has 
opposed secession, Jeff. Davis & Co., as 
much as any man in Missouri, Illinois or New 
York, and has acted with Union men from 
the commencement of the rebellion . 

James H. Tucker, 
(Signed) E. R. Parker, 

R. Abbot. 

Subscribed and sworn to before me, this 
2d day of February, 1865. 

(Signed) Wm. R. Wilson, 

Clerk Callaway County Court. 

Personall}' comes, also, Thomas Patton, 
who makes oath and says, that the following 
named persons are disloyal, to- wit: A. B. 
Fant, T. A. Howard, J. H. Howard, Angus 
Berry, and William H. Bailey, and are so 
considered by the loyal men of this county; 
Joseph Flood was a member of the county 
court of Callaway county, which court made 
an appropriation to bring wounded rebels 
home from Springfield , in 1861 , which is on 
record in the clerk's office of said county; 
he also resigned his seat as judge of the 
county court, refusing to take the oath pre- 
scribed by the Convention; VYilliam H. Bailey 
resigned his office as clerk of the county court 
of Callaway county, refusing to take the oath 
prescribed by the Convention. 

(Signed) Thomas Patton. 

Subscribed and sworn to before me, this 
2d day of February, 1865. 

In testimony whereof, I have hereunto set 
I- -| my hand and affixed the seal of court, 
•- -• at 'office the date above written. 

(Signed) Wm. R. Wilson, Clerk. 



On the morning of the Overton Run fight 
I was standing before my house, and saw 
Thomas B . Harris when he came into town 
— I think something near 10 o'clock; saw 
him when he stabled his horse ; talked to him 
about the attack on Colonel McNeil's forces; 
returned to tlie hotel with him ; went up on 
my veranda with the Reverend S. A. Much- 
more ; saw Colonel McNeil ' s forces approach- 
ing the towm nearly in a south direction; 
some were then still firing from houses in 
town; asked Mr. Muchmore to go down 
town with me and make some arrangements 
about a flag of truce; he asked me who had 
best go; I told him James S. Henderson 
would be best for one; we went together 
down town; met Mr. T. B. Harris and Judge 
Bailey; Mr. Harris then went into the clerk's 
office, and soon came out again, and assisted 
in making arrangements to start the flag of 
truce, and I think went out with James S. 
Henderson and S. A. Muchmore; the next I 
recollect of T. B. Harris he came to my 
hotel with Colonel McNeil and Dr. Dudley 
H. Overton, when T. B. Harris introduced 
Colonel McNeil to me; this was after the 
wounded men w^ere brought to my hotel by 
the assistant surgeon and Lieutenant Colonel 
Fritz; the next I recollect of T. B. Harris I 
saw him on horseback, in company with 
Judge Hopkins, Judge King, and Judge 
Flood, starting toward the battle-ground, 
and going out toward Jefiferson City; I un- 
derstood Colonel McNeil requested some 
persons to go out and examine the ground, 
to see if more dead or wounded were left on 
the field ; I saw^ Mr . T . B . Harris and Judge 
Joseph Flood returning, in company with 
others, from the direction of the battle- 
ground; I am fully satisfied Thomas B. Har- 
ris was at no time armed during the ^ay, 
and was not in, nor south or southwest of, 
town on the day of said battle, nor in the 
town of Fulton, until 10 o'clock or later, on 
that day; nor do I, from any reasonable con- 
clusion", believe he was ever in favor or coun- 
tenanced the actions of those who made the 
attack on Colonel McNeil's forces, but, on 
tli£ contrary, has frequently, in unqualified 
terms, showed that he disapproved of seces- 
sion — first, as a remedy for Southern griev- 
ances; and secondly, altogether against the 
mode of wartare as carried on in Missouri. 
(Signed) David L. Whaley. 

February 1, 1865. 

Fulton, Mo., January 2tl^ 1865. 
I w^as in Fulton, Mo., on the day of the 
fight known as tlie Overton Run fight; 
saw T. B. Harris in town on that daj^, com- 
ing down the street with other persons ; had 
no'arms in his hands; saw him mixing with 
the Federal officers after thej'^ reached town. 
(Signed) W. T. Snell. 

St. Louis, February 6, 1865. 
I w^as in the town of Fulton, Callaway 
county. Mo. , on the day of what was called 
the Overton Run fight; was in company with 



113 



Thomas B. Harris in town after the fight; he 
was unarmed ; saw him on the sidewalk wlien 
James S. Henderson and Mr. Muehmore 
went down the street and received Colonel 
McNeil and his command; saw Harj-is with 
Colonel McNeil and officers after they got 
in; when things settled down a little, Har- 
ris, with myself, went out on the battle- 
ground, under Colonel McNeil's order, to 
see if there were any dead or wounded men 
on the ground. 

(Signed) A. B. Fant. 

St. Louis, January 19, 1865. 
Hon. T. B. Harris — Dear Sir: In answer 
to interrogatories propounded to us by you, 
touching your loyalty, we have to say, in 
reply, that we are and have long been inti- 
mately acquainted with joxx as a neighbor 
and citizen; we know well your political 
views and actions since and before the out- 
break of this rebellion. You opposed, act- 
ively, the doctrine of secession, and labored 
to keep Missouri in the Union; always op- 
posed lawlessness and bushwhacking; in a 
word, we are bound to regard you as a 
strictly loyal man. 

Tours, respecfuily, 
(Signed) Kobt. R. BucivNer, 

W. W. Robertson. 



St. Louis, January 18, 1865. 
Hon. T. B. Harris— Dear Sir: Li answer 
to interrogations propounded by you, I have 
to S'dij that I think I know your political 
record since the first outbreak of this re- 
bellion. Having been on the most intimate 
terms, there has been nothing reserved in 
our interviews, which have been frequent 
from the beginning of the present conflict . 
1 know that you was one of the first men in 
Boone or Callaway countj^ to oppose the 
' 'heresy," as you called it, of secession, 
and opposing all efibrts to take Missouri out 
of the Union, asserting and affirming that 
there never could be two governments estab- 
lished and sustained out of the territory of 
the United States. For entertaining and 
advocating these views, you, as well as 
others of like views and opinions , have been 
continually denounced by men taking the 
Southern side of the question. 
Yours , respectfully , 
(Signed) James Harris. 



I lived in Audrain county, Missouri, until 
some time in September, 1864; know Thomas 
B. Harris, of Callawaj^ county, well; he 
lives in Callaway county, some six miles 
from where I lived; we were on the most 
intimate terms; I know his views and opin- 
ions well from the beginning of tliis rebel- 
lion; he was a most active and zealous 
opposer of secession and disunion; I know 
that he was active and earnest in keeping 
men out of the rebellion, contending that the 
riirhts of American citizens were to be 



secured in the Union, and not out of it; 
know that he was violently opposed to all 

fuerrilla warfare and bushwhacking; have 
eard him publicly and privately advocate 
the union of all the States under one govern- 
ment and one constitution, stating that seces- 
sion was a heresy, and would ruin the gov- 
ernment; have no recollection of ever hear- 
ing him at m\y time, by word or act, favor 
any other views or sentiments than those 
above expressed; I know to my personal 
knowledge of his doing all in his power to 
keep men out of the rebel army. 

(Signed) Geo. W. Sullivan. 



lam a citizen of Callaway county, Mis- 
souri; am well and intimately acquainted 
with Thomas B. Harris, of Callaway county; 
was director with him in the bank at Fulton; 
the subject of secession was often up, and 
Mr. Harris was at all times in active oppo- 
sition to it, advocating the union of all the 
States under one constitution ; I have never 
known a disloyal act of his ; I am a Union 
man — a judge of the county court of Calla- 
way county. 

(Signed) H. F. Renoe. 

Personal]}^ appeared before me, G. "VY. 
Sullivan and H. F. Renoe, whose names are 
appended to the foregoing affidavits, and 
being duly sworn to by me, state that the 
matters and statements contained therein are 
true . 

This 4th day of February, 1865. 
(Signed) A. H. Martin, 

Cle7'k of Circuit Court of Lincoln County, Mo. 



I am eighteen years of age ; live in Calla- 
way county, in the State of Missouri; my 
home is with Thomas B . Harris, about thu-^- 
teen miles north of Fulton, in said county; 
I know that he, the said Thomas B. Harris, 
was at home, in the harvest field with the 
hands, the day before what was called the 
Overton Run fight with the Federal forces 
under General (then Colonel) McNeil, and 
that he was at home that night and to break- 
fast next morning, viz. , the day of the fight, 
and that we did not know anj^thing of the 
fight until he returned home that evening; 
I know he had no arms, and was then, and 
has ever since been, opposed to secession, 
bushwhacking and everything of the sort; 
he has at all times counseled me to have 
nothing to do with the rebellion, and has 
kept others out of it; I know, also, that he 
was opposed to the Jones encampment, and 
that his house was inside the lines; pickets 
were stationed in all the avenues leatling to 
and from his house. 

(Signed) Caleb R. Harris. 

Sworn to and subscribed before me, at my 
office, in Butfalo, this 2d day of February, 
1865 . (Signed) 

ISOM EXLOW, 

Justice of the Peace. 



114 



St. Louis, February 9, 1865. 
Hon. Thomas Harris, Member of the Con- 
stitutional Convention^ St. Louis: 
Sir — Being- called upon by 3'ou to state my 
recoUectiou of your action at the time my 
command entered Fulton, Callaway county, 
on the 16th of July, 1861, and while I was 
inoccupation at that place, I have to say: 
That when the town was occupied b}^ my 
trooxDS, I met you, with others, with a Hag 
of truce; that you expressed a good dispo- 
sition toward the Government of the United 
States, and volunteered your services to pro- 
cure my men quarters'^ in the courthouse; 
you also went with me to Whaley's store, 
part of which 1 occupied as an hospital; I 
regarded you, while I was in Fulton, as full 
as loyal as most of your neighbors, and at 
no time did I hear that you had been in arms 
before the occupation of Fulton. 

I have the honor to be, your obedient ser- 
vant, (Signed) John MciSTeil, 

Brig. Gen. U. S. Vols. 

Concord, January 21, 1865. 
Hon. T. B. Harris — Dear Sir: In answ^er 
to your interrogatories, we cheerfully re- 
spond that we have known you intimately 
for many years, and can testify to your loy- 
alt}^ from the commencement of the rebel- 
lion. You, from the beginning, took an 
active part against secession; have always 
opposed bushwhackers and rebel raids. 
Publicly and privately, your voice and acts 
have been for the Federal Government. 
Yours truly, (Signed) 
Afred Barnes, King Bailey, 
Jno . Henderson, A . P . Pollard , 
J. M. Riley, Sandford Jameson, 

R. S. Shields, L. G. Pledge, 
Jno. A. Thurman, Allen Leeper, 
Lewis L. Mathews, William Guy, 
E. McCrackin, John G. Barnes, 
R. H. Fowler, Philip Thurmond . 

Concord, Callaway County, \ 
January 28, 1865. / 
Thos. B. Harris, Esq. — Dear Sir: In 
answer to your interrogatories, we, the un- 
dersigned citizens of Callaway county, Mis- 
souri, were present at a meeting of Liberty 
township, held at Concord, the early part of 
the fall of 1861; that, at said meeting reso- 
lutions were offered of a disloyal character, 
and not in harmony with the preservation of 
om- Government, and speeches were made 
advocating secession. We recollect very 
distinctly that you promptly took the stand 
and made a speech, in which you denounced 
secession as a dangerous heresy ; and further 
state that, from the beginning"^ of this rebel- 
lion thl now, you have openly and zealously 
advocated the claims of our Government, as 
paramount to all other considerations. 
(Signed) 

Franklin Burt, Jas. Lawrence. 

Thos. J. Atkinson, J. T. Henderson, 

John Hall, H. G. Garwood. 

Wm. McPhreters. 



State of Missouri, \ 
Callaway County. J ^^' 

Personally appeared before me, this day, 
the undersigned, acting justice of the peace 
for the within county, aiid State of Missouri, 
the parties whose names are subscribed to 
the within instrument, who are personally 
known to me as men of undoubted worth 
and integrity, and are regarded by the com- 
munity as loyal to the Federal Goverimient; 
and would further certify that a majority of 
them are prominent Union men, and they 
acknowledge that they executed the above 
for all the uses and purposes therein con- 
tained . 

Given under mv hand this, January 23d, 
1865. (Signed) R. H. Hord, 

Justice of the Peace. 

Mass Meeti7ig in Old Callaway. 

On Monday last, November 19, 1860, a 
large mass meeting of our citizens was held 
at'the courthouse in this city, for the purpose 
of considering the present condition of our 
national affairs. 

The meeting was presided over by Mr. 
Thomas B. Harris, as President, and Captain 
Samuel Blount, Major W. W. Snell, and 
Judge I'homas Ansell, as Vice Presidents. 
Jesse C. Fox, Esq., acted as Secretary. 

A committee of eleven was appointed to 
draft resolutions expressive of the sense of 
the meeting, composed of the following 
gentlemen: Judge I. O. Ilockaday, Benja- 
min Cason, Major John Harrison, Dr. J. T. 
Collier, John S. Henderson, George Law, I. 
W. Bo ul ware, George Bartley, JolinG. Pro- 
vines, Dr. J. W. Martin, and Dr. James M. 
Martien. Whilst the committee was absent, 
Judge Thomas Ansell and Major P. B. 
Reed, of Audrian county, were called for. 
and addressed the meeting in appropriate, 
well-timed and eloquent speeches. The 
committee, after a short absence, returned, 
bringing in two reports — a majority and 
minority report. The following is the ma- 
jority report: 

Whereas, By the recent election of Abra- 
ham Lincoln to the chief magistracy of the 
United Suites, the country has been thrown 
into violent agitation, and particularlj' the 
cotton-growing States of this confederacy; 
and whereas., imminent and sudden danger 
threatens the integrity of the Union, the 
prosperity and perpetuity of the General 
Government, and the harmony, peace and 
happiness of the people; and whereas., the 
citizens of the various States, one in aim and 
destiny, are in danger of being brought 
into hostile and deadly conflict; and vjhereas, 
the social, religious and moral relations of 
our people are involved in almost inextrica- 
ble difficulties, threatening alike the lives, 
liberties and the property of the citizens of 
the common territory ; therefore , 

Resolved, That while we deprecate the 
election of Abraham Lincoln to the Presi- 
dency of the United States, we do not regard 



115 



his mere election as sufficient reason for the 
secession of any State from the confederacy. 

Resolved, That we will abide by the consti- 
tution as it is, the laws as they exist, and the 
Union of the States, as it was framed and 
handed down to us by a brave, a generous, 
and a noble ancestry. 

Resolved^ That io-norin^' the political differ- 
ences that have heretofore divided us, we 
will clino' to the constitution of our country 
as the slieet-anchor of our hopes and the 
ultimatum of our desires. 

Resolved, That we reo-ard the prospective 
disruption of the existins" o'overnment as one 
of the most direful calamities that could 
befall not only the American people and 
American institutions, but the cause of free- 
dom and self-government throughout the 
world. 

Resolved, That we recognize the Supreme 
Court of the United States as the proper tri- 
bunal to determine the constitutionality or 
unconstitutionality of all laws, and as such 
we will look to it as the conservator ot the 
public peace and the preserver of public 
ti-anquillity. 

Resolved, That this government was formed 
out of the privation, the suffering, the patri- 
otism and the sacred blood of our fathers, 
and as the richest legacy they could leave to 
us, we will preserve it unimpaired by civil 
broils, strengthened by a mutual and sacred 
endeavor to render it the fairest, the freest, 
the most indestructible ligature of brother- 
hood. 

Resolved, That we do not, nor can we, 
regard the inhabitants of the secedino- States 
of the Union as other than revolutionists and 
disorganizers , and as such, we cannot offer 
them assistance nor extend to them the right 
hand of fellowship . 

Resolved, That so long as the chief magis- 
trate of the government shall confine his 
action within the limits of the national con- 
stitution, we will use all lawful means, and 
exert all our rightful powers, to uphold his 
administration and render his term of office 
^glorious hy our loyalty and devotion to the 
interests of self-government and the cause of 
freedom . 

Resolved, That as the condition upon which 
God has given liberty to man is that of eter- 
nal vigilance , we will not break that condi- 
tion by a cold and active indifference to 
things around us, but will labor for the 
spread of a liberal and just policy, and the 
success of our free institutions throughout all 
time. (Signed) 

I. O. Hock AD AY, George Hartley, 

John Harrison, John G. Pro vines, 

J. T. Collier, J. W. Martina, 

Jno. S. Henderson, Jas. M. Martien. 



Mino7'ity Report. 

Mr. President: We, the undersigned, a 
minority of your committee, although we 
deem this mass meeting uncalled for and 
premature, yet as a duty assigned us, beg 



leave, in the discharge of that duty, to make 
the resolutions of the majority report, except 
the seventh, our report. 

(Signed) I. W. Boulware, 

G. W. Law, 
Benjamin Cason. 

Some discussion took place between Presi- 
dent S. S. Laws, Judge Thomas Ansell, and 
JohnG. Provines, Esq. , on the presentation 
of the two reports— the two former gentle- 
men sustaining the minority report, and the 
latter gentleman the majority report, con- 
taining the seventh resolution . The majority 
report was rejected by an overwhelming 
vote, only twelve voting for it, and the 
minority report was adopted. 

On motion of Mr. Drake, the report of 
the Committee on Loyalty, with accompa- 
nying papers, was ordered to be printed. 

Mr. Drake, Chairman of the Committee 
on Revision, made the following report: 

The Revising Committee, to whom was 
referred the article entitled ' 'Declaration of 
Rights, ' ' beg leave to report the same back 
without amendment. 

CD. DRAKE, Chairman. 

On motion of Mr. Folmsbee, the article 
on Declaration of Rights, as reported back 
from the Committee on Revision, was ordered 
to be read . 

On motion of Mr. Peck, the Convention 
adjourned until half-past 2 o'clock P.M. 



AFTERNOO:Nr SESSION. 

Convention met pursuant to adjom-nment, 
the President in the chair. 

Mr. Smith of Worth moved that the fur- 
ther consideration of the Declaration otHights 
be postponed till the 16th day of March next; 
on which motion, Mr. Drai^e demanded the 
ayes and noes, and the vote being taken, 
stood as follows : 

Ayes — Messrs. Bush, D'Oench. Foster, 
Gamble, Gilstrap, Harris, Holcomb, Hus- 
mann, Leonard, Linton, McKernan, New- 
gent, Rohrer. St. Gem, Smith of Worth, 
Swearingen, Switzler, and Mr. President 
—18. 

Noes— Messrs. Bedford, Bonham. Budd, 
Childress, Clover, Davis of New Madiid, 
Davis of Nodaway, Dodson, Drake, Es- 
ther, Evans, Folnisbee. Fulkerson. Gilbert 
of Lawrence, Green, Henderson, Holds- 
worth, Holland, Hume, Kinof, McPherson, 
Mack, Morton. Peck, Rankin, Smith of 
Mercer, Strong, Sutton, Weatlierbv, ami 
Williams of Scotland— 30. 

Absent with Leave— Messrs. Adams, 
Barr, Bunce, Ellis, Gilbert of Platte, Cram- 
mer, Hughes, Martin, Nixdorf, Owens, 
Thilenius, and Williams of Ciild well— 13 . 



116 



Absent without Leave — Mr. Fletcher — 1. 
Sick — Messrs. Cowden, Filley, Meyer, 
and Mitchell — 4. 

So the motion to postpone was rejected. 

The question being on the enrollment of 
the Declaration of Rights as a part of the 
Constitution, Mr. Gilstrap demanded the 
ayes and noes thereon; and the vote being 
taken, stood as follows: 

Ayes — Messrs. Bonham, Budd, Childress, 
Clover, Davis ot INodaway, Drake, Esther, 
Folmsbee, Fulkerson, Gilbert of Lawrence , 
Green, Henderson, Holds worth, Hume, 
King, McPherson, Mack, Peck, Rankin, 
Smith of Mercer, Strong. Sutton, Weather- 
by, and Williams of Scotland — 24. 

Noes — Messrs. Bedford, Bush, Davis of 
New^ Madrid, Dodson, D'Oench. Evans, 
Foster, Gamble, Gilstrap, Harris ,Holcomb , 
Holland, Husmann, Leonard, Linton, Mc- 
Kernan, Morton, Newgent, Rohrer, St. 
Gem, Smith of Worth, Swearingen, Swdtz- 
ler, and Mr. President— 24. 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Ellis, Gilbert of Platte, Gram- 
mer, Hughes. Martin, Mxdorf, Owens, 
Thilenius, and Williams of Caldwell — 12. 

Absent without Leave — Mr. Fletcher — 1. 

Sick— Messrs. Cowden, Filley, M^yer, and 
Mitchell— 4. 

So the Declaration of Rights was not 
ordered to be enrolled . 

Mr. Drake moved to reconsider the vote 
by which the article on Declaration of Rights 
was rejected; which motion was withdrawn. 

Mr. Bush moved that the article on Decla- 
ration of Rights , as offered by him , be made 
the special order for Monday next. 

Mr. FoLMSBEE moved a call of the house. 
Decideft out of order. 

The article on Declaration of Rights, 
ofiered by Mr. Bush, was read the third 
time. 

Mr. Budd demanded a call of the house, 
which w^as agreed to, and the call being 
made the following members responded to 
their names : 

Messrs. Bedford, Bonham, Budd, Bush, 
Childress, Clover, Davis of New Madrid, 
Davis of Nodaway, Dodson, D'Oench, 
Drake, Esther, Evans, Folmsbee, Foster, 
Fulkerson, Gamble, Gilbert of Lawrence, 
Gilstrap, Green, Harris, Henderson. Hol- 
comb, Holdsworth, Holland, Hume, Hus- 
mann, King, Leonard, Linton, McKernan, 
McPherson, Mack, Morton, Newgent, Peck, 
Rankin, Rohrer, St. Gem, Smith of Worth , 
Strong, Sutton, Swearingen, Switzler, 
Weatherby, Williams of Scotland, and Mr. 
President— 48 . 

Absent with Leave — ^IMessrs. Adams, 
Barr, Bunce, Ellis, Gilbert of Platte, Gram- 



mer, Hughes, Martin, Nixdorf, Owens, 
Thilenius, and Williams of Caldw^ell — 12. 

Absent w^ithout Leave — Mr. Fletcher — 1. 

Sick— Messrs. Cowden, Filley, Meyer, 
and Mitchell — 4. 

Mr. Gilstrap moved that further pro- 
ceedings under the call be dispened with, 
and demanded the ayes and noes thereon, 
which being taken the vote stood as follows ; 

Ayes — Messrs. Bedford, Bush, Childress, 
Clover, Davis of New Madrid, Dodson, 
D'Oench, Esther, Foster, Fulkerson, Gam- 
ble, Gilbert of Lawrence, Gilstrap, Green, 
Harris, Henderson, Holcomb, Holdsw^orth, 
Holland, Hume, Husmann, Leonard, Linton, 
McKernan, Morton, Newgeiit, Rohrer, St. 
Gem. Smith of Worth, Swearingen, Switz- 
ler, and Mr. President — 32. 

Noes — Messrs. Bonham, Budd, Da^is of 
Nodaway, Drake, Evans, Folmsbee, King, 
McPherson, Mack, Peck, Rankin, Smith of 
Mercer, Strong, Sutton, Weatherby, and 
Williams of Scotland— 16. 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Ellis, Gilbert of Platte, Gram- 
mer, Hughes, Martin, Nixdorf, Owens, 
Thilenius, and Williams of Caldwell — 12. 

Absent without Leave — Messrs. Fillev, 
Fletcher, and Mitchell— 3 . 

Sick — ^jVlessrs. Cowden and Meyer — 2. 

So further proceedings under the call were 
dispensed with . 

Mr. Bedford moved to adjourn; on which 
motion Mr. Drake demanded the ayes and 
noes, and the vote being taken, stood as 
follows : 

Ayes — Messrs. Bedford, Clover, Dodson, 
D'Oench, Evans, Gilstrap, Harris, Rohrer, 
Switzler, and Mr. President— 10. 

Noes— Messrs. Bonham, Budd, Bush, 
Childress, Da^ds of New Madrid, Davis of 
Nodaway, Drake. Esther, Filley, Folmsbee, 
Foster, Fulkerson, Gamble, Gilbert of 
Lawrence, Green, Henderson, Holcomb, 
Holdsworth, Holland, Hume, Husmann. 
King, Leonard, Linton, McKernan, 
McPherson, Mack, Morton, Newgent, 
Peck, Rankin, St. Gem, Smith of Mercer, 
Smith of Worth, Strong, Sutton, Swearin- 
gen, Weatherbj^, and Wilhams of Scotland 
-39. 

Sick— Messrs. Cowden, Meyer, and 
Mitchell-3. 

Absent with Leave — ^INIessrs. Adams, 
Barr, Bunce, Ellis. Gilbert of Platte , Cram- 
mer, Hughes, Martin, Nixdorf, Owens, 
Thilenius, and Williams of Caldwell --12. 

Absent without Leave — Mr. Fletcher. 

So the Convention refused to adjourn. 

Mr. Drake moved to reject the article on 
Declaration of Rights, offered by Mr. Bush, 
and demanded the ayes and noes thereon, 
which being taken, the vote stood as fol- 
lows : 



117 



AYES--Messrs, Boiiham, Budd, Childress, 
Davis of IN'odaway, Drake, Esther, Evans, 
Filley, Folmsbee, Fulkersoii, Hume, Khig, 
MePherson, Mack, Peck, Rankin, Smith 
of Mercer, Strong-, Sutton, Swearingen, 
Weatherby, and Williams of Scotland 
—22. 

ISToES — Messrs. Bedford, Bush, Clover, 
Davis of New Madrid, Dodson, D'Oench, 
Foster, Gamble, Gilbert of Lawrence, 
Gilstrap, Green, Harris, Henderson, Hol- 
comb. Holds worth, Holland, Husmann, 
Leonard, Linton, McKernan, Morton, New- 
o-ent, Rohrer, St. Gem, Smith of Worth, 
Switzler, and Mr. Pi-esident— 27 . 



Sick — Messrs. Cowden, Meyer, and 
Mitchell— 3. 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Ellis, Gilbert of Platte, 
Grammer, Hughes, Martin, Nixdorf, 
Owens, Thilenius, and Williams of Caldwell 
--12. 

Absent without Leave— Mr. Fletcher. 

So the Declaration of Eights, as ofi'ered by 
Mr. Bush, was not rejected. 

On motion of Mr. St. Gem, the Conven- 
tion adjourned until half-past 9 o'clock 
to-morrow morning. 



FORTY-8ECO]ND D^Y. 

SATURDAY, February 25th, 1865. 



Convention met pursuant to adjournment; 
the President in the chair . 

The Declaration of Rights, ofiered by Mr. 
Bush, was taken up. 

Pending which, Mr. Smith of Worth 
offered the following as a substitute therefor : 

article — . 

Declaration of Rights . 

That the general, great and essential prin- 
ciples of liberty and free government may 
be recognized and established, and that the 
relatioiis of this State to the Union and gov- 
ernment of the United States, and those of 
the people of this State to the rest of the 
American people, may be defined and 
affirmed, we do declare: 

1. That we hold it to be self-evident that 
all men are created equally free, and are 
endowed by their Creator with certain in- 
alienable rights, among which are life, lib- 
erty, the enjoyment of the fruits of their 
own labor, and the pursuits of happiness. 

2. That there cannot be in this State either 
slaveiy or involuntary servitude, except in 
punishment of crime, w^hereof the party 
shall have been duly convicted. 

3. That no person can, on account of 
color, be disqualified as a witness, or be 
disabled to contract otherwise than as others 
are disabled, or be prevented from acquiring, 
holding, and transmitting property, or be 
liable to any other punishment for any 
oftense^ than that imposed upon others for "a 
like offense, or be restricted in the exei'cise 
of religious worship, or be hindered in 
acquiring education, as sliall be provided by 
law, or be subjected, in law, to any otheV 
restraints or disqualiricatioiis in regard to 
any personal rights, than such as are laid 
upon others under like circumstances. 



4. That all political power is vested in and 
derived from the people; that all govern- 
ment of right orio-inates from the people; is 
founded upon then- will only, and is insti- 
tuted solely for the good of the whole. 

5. That the people of this State have the 
inherent, sole and exclusive right of regula- 
ting the internal government and police 
thereof, and of altering and abolishing then- 
constitution and lorm of government, when- 
ever it may be necessary to their safety and 
happiness; but every such right should be 
exercised in pursuance of law, and consist- 
ently with the Constitution of the United 
States. 

6 . That this State shall ever remain a mem- 
ber of the American Union; that the people 
thereof are a part of the American nation, 
and that all attempts, from whatever source 
or upon whatever pretext, to dissolve said 
Union, or to sever said nation, ought to be 
resisted with the whole power of the State. 

7. That every citizen of this State owes 
paramount allegiance to the Constitution and 
Government of the United States, and that 
no law or ordinance of this State, in contra- 
vention or subversion thereof, can have anj' 
binding force . 

8. That the people have the right peace- 
iiblj to assemble for their commongood, and 
to appl}^ to tliose vested with the powers of 
government for redress of grievances, Iw 
petition or remonstrance; a"nd that their 
right to bear arms in detense of themselves 
and of the lawful authority of tlie Slate 
can Jiot be questioned. 

9. That all men have a natural and inde- 
feasible right to worship Almighty God 
according to the dictates of their^own con- 
sciences; that no person can. on account of 
his religions opinions, be rentlered ineligi- 
ble to any office of trust or prolit under tliis 
State, nor be disqualified fron\ testifying or 



118 



servino' as a juror; and that no human 
authority can control or interfere with the 
rights of conscience; that no person ought, 
by any law. to be molested in his person or 
estate, on account of hisrelioious persuasion 
or profession, or for his relio-ious practice, 
unless, under the color of religion, he dis- 
turb the good order, peace or safety of the 
State, or olfend against public morals, or 
injure others in ttieir natural, civil or reli- 
gious rights. 

10. That no person can be compelled to 
erect, support, or attend any place of 
worship, or to maintain anj' minister of the 
gospel, or teacher of religion; but whatever 
contracts any person may enter into for any 
such object,' ought, in law, to be binding 
and capable of enforcement, as other con- 
tracts . 

11. That no preference can ever be given, 
by law, to any church, sect, or mode of 
worship . 

12. That no religious corporation can be 
established in this State; except, that by a 
general law, uniform throuo-hout the State, 
any church, or religious society, or congre- 
gation, may become a body corporate, for 
the sole purpose of acquiring, holding, 
using, and disposing of so much land as 
may'be required for a house of public wor- 
ship, a chapel, a parsonage, and a bm-ial 
ground, and managing the same, and con- 
tracting in relation to such land, and the 
buildings thereon, through a board of trus- 
tees selected by themselves; but the quan- 
tity of land to' be held by any such body 
corporate, in connection with a house of 
worsliip or a parsonage, shall not exceed five 
acres in the country, or one acre in a town 
or city. 

13. That every gift, sale, or devise of 
land to any minister, public teacher, or 
preacher of the gospel, as such, or to any 
religious sect, order, or denomination; or 
to or for the support, use, or benefit of, or 
in trust for, any minister, public teacher, or 
preacher of the gospel, as such, or any 
religious sect, order or denomination; 
and every gift or sale of goods or chattels, 
to go in succession, or to take place after 
the" death of the seller or donor, to or 
for such support, use, or benfit; and also 
every devise of goods or chattels, to or 
for the support, use, or benefit of any 
minister, pubhc teacher, or preacher of the 
gospel, as such, or any religious sect, order 
or denomination, shall be void, except 
always any gift, sale, or devise of land to a 
church , religious society or congregation , or 
to any person or persons in trust for the use 
of a church, religious society or congrega- 
tion, whether incoi-porated or not, for the 
uses and purposes and within the limita- 
tions of the next preceding clause of this 
article. 

14. That all elections ought to be free 
and open. 

14. That courts of justice ought to be 
open to every person, and certain remedj^ 
afforded for every injury to person, prop- 



erty, or character; and that right and justice 
ought to be administered without sale , de- 
nial or delay. 

16. That no private property ought to 
be taken or applied to x)ublic use, without 
just compensation. 

17. That the right of trial by jury shall 
remain inviolate. 

18. That in all criminal prosecutions the 
accused has the riw'ht to be heard by him- 
self and his counsel; to demand the' nature 
and cause of accusation ; to have compulsory 
process for witnesses in his favor; to meet 
the witnesses against him face to face ; and, 
in prosecutions on presentment or indict- 
ment, to a speedy trial by an impartial jury 
of the vicinage; that the accused can not be 
compelled to give evidence against himself, 
nor be deprived of life, liberty, or property, 
but by the judgment of his* peers, or the 
law of the land.' 

19. That no person, after having been 
once acquitted by a jurjr, can, for the same 
oflense, be again put 'in jeopard}^ of life 
or liberty ; but if, in any criminal prosecu- 
tion, the jury be di\dded in opinion, the 
court before which the trial shall be had 
may, in its discretion, discharo-e the jury, 
and commit or bail the accused for trial at 
the next term of said court. 

20. That all persons shall be bailable 
by sufiicient sureties, except for capital 
offenses, when the proof is evident or the 
p res umption great . 

21. That excessive bail shall not be re- 
quired, or excessive fines imposed, nor cruel 
and unusual punishments infiicted. 

22. That the pri\ilege of the writ of 
habeas corj)us can not be suspended, unless 
when, in cases of rebellion or invasion, the 
public safety may require it. 

23. That the people ought to be secure 
in their persons, papers, houses, and 
eftects, from unreasonable searches and 
seizures; and no warrant to search any 
place, or seize any person or thing, can 
issue, without describing the place to be 
searched, or the person or thing to be seized, 
as nearly as may be, nor without probable 
cause, supported by oath or affirmation. 

24. That no person can, for an indictable 
oiiense, be proceeded ao-ainst criminally 
bj^ information, except in cases arising 
in the land or naval forces, or in the 
mihtia, when in actual service in the time of 
war or public danger, or, by leave of court, 
for oppression or "misdemeanor in office. 

25. That treason against the State can 
consist only in levying war ao^ainst it, or 
in adhering to its enemies , giving them aid 
and comfort. 

26. That no person can be attainted of 
treason or felony by the General Assembly ; 
that no conviction can work corruption of 
blood; that there can be no forfeiture of 
estate for any crime, except treason, and 
that the estates of such persons as may 
destroy their own lives shall descent or vest 
as in cases of natural death . 

27. That the free communication ot 



119 



thoughts and opinions is one of the invalu- 
able rights of man, and that every person 
may freely speak, write, and print on any 
subject, being responsible for the abuse of 
that liberty ; that in all prosecutions for libel, 
the truth thereof may be given in evidence, 
and the jury may determine the law and 
facts, under the direction of the court. 

28. That no ex post facto law, nor law 
impairing the obligation of contracts, or 
retrospective in its operation , can be passed. 

29. That imprisonment tor debt can not 
exist in this State, except for fines or penal- 
ties imposed for violation of law. 

30. That all property subject to taxation 
ougiit to be taxed in proportion to its value. 

31. That no title of nobility, or hereditary 
emolument, privilege, or distinction can be 
granted . 

32. That the military is, and in all cases 
and at all times ought to be, in strict sub- 
ordination to the civil powers; that no 
soldier can, in time of peace, be quartered 
in any house without the consent of the 
owner; nor in time of war, but in such 
manner as may be prescribed by law, nor 
can any appropriation for the support of an 
army be made for a longer period than two 
years. 

Mr. Holland moved to refer the article on 
Declaration of Rights, as offered by Mr. 
Bush, and the substitute for the same, offered 
by Mr. Smith of Worth, to a select commit- 
tee of nine . 

Pending which, Mr. Weatherby offered 
the following resolution : 

Resolved, That the Committee on Accounts 
be instructed to audit and pay in full the 
members and employees of this Convention 
first, out of the funds on hand, and arrange 
the bilJs of contingent expenses afterward. 

Which was agreed to . 

Mr. Fletcher moved that the Convention 
adjourn till half-past 9 o'clock on Monday 
mornmg next. 

The motion was withdrawn to enable Mr. 
Weatherby to ask leave of absence for 
himself for ten days . Leave of absence was 
so granted . 

The motion to adjourn till Monday morn- 
ing w^as then renewed, and Mr. Holland 
demanded the ayes and noes thereon, which 
being taken, the vote stood as follows: 

Ayes — Messrs. Bedford, Davis of New 
Madrid, Evans, Fletcher, Folmsbee, Gam- 
ble, Gilstrap, Ilarris, Henderson, Holcomb, 
Leonard, McKernan, Morton, Kohrer, and 
Weatherby— 15. 

Noes— Messrs. Bonliam, Bush, Clover, 
Davis of Nodaway, Dodsou, D'Oench, 
Drake, Esther, Filley, Foster, Fulkcrson. 
Gilbert of Lawrence, Green, Iloldsworth, 
Holland, Hume, Husmann, King, Linton, 



McPherson, Mack, Newgent, Peck, Ptankin, 
Smith of Mercer, Smith of Worth, Sti-ong, 
Sutton, Swearingen, Thilenius, Williams of 
Scotland, and Mr. President — 32. 

Sick — Messrs. Childress, Cowden, Meyer, 
and Mitchell — 4. 

Absent with Leave — Messrs. Adams, 
BaiT, Bunce, Ellis, Gilbert of Platte, Gram- 
mer, Hughes, Martin, Nixdorf, Owens, and 
Williams of Caldwell— 11. 

Absent without Leave — Messrs. Budd, 
St. Gem, and Switzler — 3. 

So the motion to adjourn till Monday was 
rejected. 

On motion of Mr. Bonham, the Conven- 
tion adjourned until half-past 2 o'clock 
P. M. 



AFTERNOON SESSION. 

Convention met pursuant to adjournment, 
the President in the chair. 

]VIr. Holland called up his resolution to 
refer the article on Declaration of Kights, 
and Mr. Smith's substitute therefor, to a 
special committee of nine; and the question 
being on the passage of the same, he de- 
manded the ayes and noes thereon, which 
being taken , the vote stood as follows : 

Ayes — Messrs. Bedford, Childress, Dod- 
son, Foster, Gilbert of Lawrence, Gilstrap, 
Green, Holcomb, Holland, Leonard, Mor- 
ton, and Mr. President — 12. 

Noes — Messrs. Bonham, Clover, Davis of 
Nodaway, Drake, Esther, Folmsbee, Ful- 
kerson. Gamble, Holds worth, Hume, King, 
McPherson, Mack, INewgent, Peck, Rankin, 
Smith of Mercer, Smith of Worth, Strong, 
Swearingen, Weatherby, and Williams of 
Scotland— 22. 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Ellis, Gilbert of Platte, Gram- 
mer, Hughes, Martin, Nixdorf, Owens, and 
WiUiams of Caldwell— 11. 

Absent without Leave — Messrs. Budd, 
Davis of New Madrid, D'Oench, Evans, 
Filley, Fletcher, Harris, Henderson, Hus- 
mann, Linton, McKernan, Rohrer, St. Gem, 
Sutton, Switzler and Thilenius — 16! 

Sick — Messrs . Cowden , Meyers and Mitch- 
ell— 3. 

So the resolution was rejected. 

Mr. Clover moved that the Sergeant-at- 
arms be required to bring in all members 
absent without leave. Agreed to. 

Mr. Drake offered the following addi- 
tional rule : 

AVlien a quorum is present a call of the 
house shall not be ordered without the con- 
currence of at least ten members. 

Mr. Clover moved that the rules govern- 
ing this Convention be suspended, so that 



120 



the additional rule offered by Mr. Drake 
could be acted upon. The motion was with- 
drawn . 

Mr. BoNHAM moved that further proceed- 
ings under the call be suspended, which was 
agreed to. 

Mr. Drake moved that the additional rule 
offered by him be adopted, which motion 
was agreed to . 

Mr. Clover moved a call of the house, 
which motion was sustained, and the follow- 
ing members responded to their names : 

Messrs. Bedford, Bonham, Budd, Bush, 
Clover, Davis of New Madrid, Davis ol 
NodaAvay, Dodson, D'Oench, Drake, Esther, 
Filley, Folmsbee, Foster, Fulkerson, Gam- 
ble, Gilbert of Lawrence, Gilstrap. Green, 
Harris, Henderson, Holcomb, Holdsworth, 
Holland. Hume, Husmann, King, Leonard, 
McKernan, McPherson, Mack, Morton, 
Newgent, Peck, Smith of Mercer, Smith 
of Worth, Strong, Sutton, Swearingen, 
Switzler, Thilenius, Weatherby, and JMi\ 
President--±3. 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Ellis, Gilbert of Platte, Gram- 
mer, Hughes, Martin, Nixdorf, Owens, and 
Williams of Caldwell— 11. 

Absent without Leave — Messrs. Evans, 
Fletcher, Linton, Rankin, Rohrer, St. Gem, 
and Switzler — 7 . 

Sick — Messrs. Childress, Cowden, Meyer, 
and Mitchell — 1. 

Mr. Folmsbee moved the suspension of 
fui'ther proceedings under the caU of the 
house . 

Mr. Clover called for the ayes and noes 
thereon, which being taken, the vote stood 
as follows : 

Ayes — Messrs. Bonham, Budd, Davis of 
New Madrid, Drake, Filley, Folmsbee, 
Fulkerson, Harris, Henderson, Holdsworth, 
Hume, King, McPherson, Peck, Rankin, 
Smith of Mercer, Smith of Worth, Strong, 
Sutton. Swearingen, Weatherbj^, and Wil- 
liams of Scotland— 22. 

Noes— Messrs. Bedford, Bush, Clover, 
Davis of Nodaway, Dodson, D'Oench, Es- 
ther, Foster, Gamble, Gilbert of Lawrence, 
Gilstrap, Green, Holcomb, Holland. Hus- 
mann, Leonard, McKernan, Mack, Morton, 
Newgent, Thilenius, and Mr. President — 22. 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Ellis, Gilbert of Platte, Gram- 
mer, Hughes, Martin, Nixdorf, Owens, 
and Williams of Caldwell— 11. 

Absent without Leave — Messrs. Evans, 
Fletcher, Linton, Bohrer, St. Gem, and 
Switzler^e. 

Sick— Messrs. Childi'ess, Cowden, Meyer, 
and Mitchell— 4. 

So the motion was lost. 



The Sergeant-at-arms reported Mr. Lin- 
ton present and under arrest . 

On motion of Mr. Folmsbee, Mr. Linton 
was excused. 

Mr. Drake moved to suspend further pro- 
ceedings under the call of the house. 

Mr. Husmann demanded the aj^es and 
noes, which being taken, the vote stood as 
follows : 

Ayes — Messrs. Bonham, Budd, Davis o^" 
Nodaway, Drake, Filley, Folmsbee, Fulker- 
son, Gamble, Harris,' Henderson, Holds- 
worth, Holland, Hume, King, McPherson, 
Peck, Rankin. Smith of Worth, Sti'ong, 
Sutton, Swearingen, Weatherby, Williams 
of Scotland, and mr. President — 24. 

Noes — Messrs. Bedford, Bush, Clover, 
Davis of New Madrid, Dodson, D'Oench, 
Esther, Foster, Gilbert of Lawrence, Gil- 
strap, Green, Holcomb, Husmann, Leonard, 
Linton, McKernan, Mack, Morton, New- 
gent, Smith of Mercer, and Thilenius — 21. 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Ellis, Gilbert of Platte, Cram- 
mer, Hughes, Martin. Nixdorf, Owens, 
and Williams of Caldwell — 11 . 

Absent without Leave. — Messrs. Evans, 
Fletcher, Rohrer, St. Gem, and Switzler— 5. 

Sick — Messrs. Childress, Cowden, Meyer, 
and jNlitchell — i. 

So the motion to suspend was agreed to. 

Mr. Drake offered the following amend- 
ment to section third of the substitute : 

Amend section third by striking out the 
words "or be hindered in acquiring educa- 
tion, as shall be provided by laAV. ' ' 

Mr. Green offered the following substi- 
tute for section third of the original article 
and amendment thereto : 

Sec. 3. That no person can, on account of 
color, be disqualified as a witness, or be 
liable to an}^ other punishment for any 
offense than that imposed upon others for a 
like offense; or be subjected, in law, to anj' 
other restraints or disqualifications, in regard 
to any personal rights, than such as are laid 
upon others under like circumstances. 

Mr. Gilstrap demanded the pre\dous 
question, which was sustained. 

The main question having been ordered, 
which was, "Shall the substitute of jMr. 
Green be adopted?" Mr. Bush demanded 
the ayes and noes, and they being taken, 
the vote stood as follows : 

Ayes— Messrs. Bedford, Bush, Clover, 
Davis of New Madrid, D'Oench, Drake, 
Foster, Green, Henderson, Holcomb, 
Holdsworth, Holland, Husmann, King, 
Leonard, Linton, McKernan, Rohrer, St. 
Gem, Thilenius, and Mr. President — 21. 

Noes — Messrs. Bonham, Budd, Da^is of 
Nodaway, Dodson, Esther, Filley, Folms- 



121 



bee, Falkerson, Gamble, Gilbert of Law- 
rence, Gilstrap, Harris, Hume, McPherson, 
Mack, Morton, Newgent, Peck, Rankin, 
Smith of Mercer, Smith of Worth, Strong, 
Sutton, Swearingen, Switzler, Weatherby, 
and Williams of Scotland— 27 . 

Absent with Leaye — Messrs. Adams, 
Barr. Bunce, Ellis, Gilbert of Platte , Gram- 
mer, Hughes, Martin, Nixdorf, Owens, and 
Williams of Caldwell— 11. 

Absent without Leave — Messrs. Evans 
and Fletcher — 2. 

Sick — Messrs. Childress, Cowden, Meyer, 
and Mitchell— 4. 

So the substitute of ^Mr. Green was re- 
jected. 

The question then being on the amend- 
ment offered by Mr. Drake, Mr. Drake 
demanded the ayes and noes thereon, and 
the vote being taken, stood as follows: 

Ayes — Messrs. Bedford, Bush, Davis of 
New Madrid, D'Oench, Drake, Foster, Ful- 
kerson, Green, Harris, Henderson, Hol- 
comb, Holland, Hume, Husmann, King, 
Leonard, Linton, McKernan, Morton, 
Kohrer, St. Gem, Switzler, Thilenius, and 
Mr. President — 24. 

Noes — Messrs. Bonham, Budd, Clover, 
Davis of Nodaway, Dodson, Esther, Filley, 
Folmsbee, Gamble, Gilbert of Lawrence, 
Gilstrap, Holds worth, McPherson, Mack, 
Newgent, Peck, Rankin, Smith of Mercer, 
Smith of Worth, Strong, Sutton, Swearin- 
gen, Weatherby, and Williams of Scotland 
—24. 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Ellis, Gilbert of Platte, 
Grammer, Hughes, Martin, Nixdorf, 
Owens, and Williams of Caldwell — 11. 

Absent without Leave — ^Messrs. Evans 
and Fletcher— 2. 



Sick— Messrs. Childress, Cowden, Meyer, 
and Mitchell— 4. 

So the amendment was rejected. 

The question then being on the pending 
amendment offered by Mr. Clover, Mr. 
Strong demanded the ayes and noes thereon, 
which being taken, the vote stood as fol- 
lows: 

Ayes — Messrs. Bedford, Bonham, Budd, 
Bush, Clover, Davis of New Madrid, Dod- 
son, D'Oench, Drake, Esther, Filley, Fos- 
ter, Fulkerson, Gilbert of Lawrence, Gil- 
strap, Green, Harris, Henderson, Holcomb, 
Holdsworth, Holland, King, Leonard, Lin- 
ton, McKernan, McPherson, Morton, New- 
fentj Rohrer, St. Gem, Thilenius, and Mr. 
resident— 32 . 

Noes — Messrs. Davis of Nodaway, Folms- 
bee, Gamble, Hume, Mack, Peck, Rankin, 
Smith of Mercer, Smith of Worth, Strong, 
Sutton, Swearingen, Switzler, Weatherby, 
and Williams of Scotland — 15. 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Ellis, Gilbert of Platte, Gram- 
mer, Hughes, Martin, Nixdorf, Owens, and 
Williams of Caldwell — 11. 

Absent without Leave — Messrs. Evans, 
Fletcher, and Husmann — 3. 

Sick — Messrs. Childress, Cowden, Meyer, 
and Mitchell— 4. 

So Mr. Clover's amendment was adopted. 

Mr. Foster asked leave of absence for 
Mr. Husmann for two days, which was 
granted . 

Mi\ Budd asked to be excused from fur- 
ther duty on the Engrossing Committee; on 
motion, his request was granted. 

On motion, the Convention adjourned until 
Monday morning next at half-past 9 o ' clock . 



FORTY-THIRD DA.Y. 



MONDAY, February 27th, 1865. 



Convention met pursuant to adjournment, 
the President in the Chair. 

Praj^^er by Rev. Mr. Osborne. 

Mr. Drake offered the following addi- 
tional rule : 

When, on the final reading of any arti- 
cle, the question shall be on ordering the 
same to be enrolled as a part of the Consti- 
tution, the question shall be taken on each 
section of the article separately, and such 
sections thereof as may be ordered to be 
enrolled shall be referred to the Enrolling 
Committee, without a question. 



Which was laid over under the rules gov- 
erning the Convention. 

Mr. Holcomb offered the following amend- 
ment to section third of the article on Decla- 
ration of Rights, as offered by Mr. Smith of 
Worth: 

Strike out ' 'as shall be provided by law, ' ' 
in sixth line of section third. 

Pending which, Mr. Green ollered the 
following substitute for section third of the 
article on Declaration of Rights, as offered 
bv Mr. Smith of AVorth, which was read: 



122 



Section 3. That no person can, on acconnt 
of color, be clisquaMed as a witness, or be 
liable to any other punishment than that 
imposed upon others for like offenses, or be 
subjected, in law, to any other restraints or 
disqualifications in regard to any xDersonal 
rights than such as are laid upon others 
under like circumstances; but this section 
cannot be consitrued so as to prevent the 
General Assembly from providing, by law, 
for the education of colored and white chil- 
dren in separate schools . 

Which was withdrawn in favor of an 
amendment offered by Mr. Smith of Worth, 
which was read : 

Add to section third the following: ' 'that 
this section shall not be so construed as to 
pi-event the General Assembly from provid- 
ing separate schools for persons of African 
descent." 

The question then being on the amend- 
ment, offered by Mr. Holcomb, to section 
thu'd, the amendment was agreed to. 

Mr. Mack offered the following as a sub- 
stitute for an amendment to section third, as 
offered by Mr. Smith of AVorth: 

That no person can, on account of color, 
he disqualified as a witness, or be prevented 
from contracting for, acquiring, holding, 
and transmitting property, or be hindered 
fi-om establishing schools, or having schools 
established by law, or by their own means 
acquiring education, or be liable to any other 
punishment for any offense than that im- 
posed upon others for like offense, or be 
restricted in the exercise of religious wor- 
ship, or be subjected, in law, to any other 
constraints or disqualifications in regard to 
personal rights than such as are laid upon 
others under like circumstances . 

The question then being on the substi- 
tute offered by Mr. Mack to section third, 
the substitute was not agreed to. 

JVIi". SwiTZLER offered the follo^^ing as a 
substitute for the amendment offered by Mr. 
Smith of Worth, which was read: 

Insert after the words ' 'like circum- 
stances,' ' in the eighth line, the follo^^ing: 
"but the General Assembly, in any system 
it may establish for the education of the 
colored children of the State, shall provide 
separate schools for them. ' ' 

Which amendment was not agreed to. 

The question then being on the adop- 
tion of the amendment of Mr. Smith of 
Worth, Mr. Drake demanded the ayes and 
noes thereon, and the vote being taken, 
stood as follows : 

Ayes — Messrs. Budd, Clover, Cowden, 
Davis of New Madrid, Esther, Fulkerson, 
Gamble, Gilstrap, Green, Harris, Holcomb, 



Holdsworth, Hughes, Hume, Mack, jSTew- 
^ent, Peck, Eankin, Smith of Worth, 
Strong, Sutton, Swearingen, Switzler, 
Weatherb3% and Mr. President — 25. 

Noes — Messrs. Bonham, Bush, Davis of 
Nodaway, Dodson, D'Oench, Drake, Evans, 
Filley, Folmsbee, Foster, Gilbert of Law- 
rence, Henderson, Holland, King, Leonard, 
Linton, McKeruan, McPherson, Morton, 
Owens, Eohrer, St. Gem, Smith of Mercer, 
and Williams of Scotland — 24. 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Ellis, Grammer, Husmann, 
Martin, Nixdorf, and Williams of Caldwell 
—9. 

Absent without Leave — Messrs. Bed- 
ford, Fletcher, Gilbert of Platte, and 
Thilenius — i. 

Sick — Messrs. Childress, Mever, and 
Mitchell— 3. 

So the amendment of Mr. Smith of Worth 
was agreed to. 

Mr. Green offered the following amend- 
ment : 

Amend twelfth section by striking out all 
after the word ' 'State, ' ' in the second hne, 
and inserting the following words: "The 
General Assembly may provide for the 
incorporation of religious societies, so as 
to enable them to acquire, hold and transfer, 
through trustees of their own choosing, such 
property as may be required for church 
buildings, parsonages, or burial gi-ounds, 
and for no other purpose;" and strike out 
the thirteenth section. 

On motion of Mr. Smith of Mercer, the 
Convention adjourned until halt-past 2 
o'clock?. M. 



AFTERNOON SESSION. 

Convention met pursuant to adjournment, 
the President in the chair. 

Mr. Owens requested to be relieved from 
further duty on the Judiciary Committee; 
and on motion, he was so relieved. 

On motion of Mr. Davis of New Madr'.d, 
leave of absence was granted to Mr. Bedford, 
on account of sickness. 

The amendment offered by Mr. Green, to 
the twelfth and thirteenth sections of the 
Declaration of Rights, was called up; the 
question being first upon the amendment to 
the twelfth section, Mr. St. Gem demanded 
the ayes and noes, which being taken, the 
vote stood as follows : 

Ayes — Messrs. Davis of New Madrid, 
Gamble, Green, Harris, Holcomb, McKer- 
uan, Morton, Owens, Rohrer, and St. Gem 
—10. 



123 



Noes — Messrs. Bonham, Clover, Cowden, 
Davis of Nodaway . Dodson, Drake. Esther, 
Evaus, Folrasbee, Fulkersoii, Gilbert of 
Lawrence, Henderson, Holland, Huo-hes, 
Hume, King, Leonard, McPlierson, Mack, 
Newgent, Peck, Eankin, Smith of Worth, 
Strong, Sutton, Swearino-en, Thilenius, 
Williams of Scotland, and Mr. President 
—29. 

Absent with Leave— Messrs. Adams, 
Barr. Bunce, Ellis, Gilbert of Platte, 
Grammer, Husmann, Martin, Nixdorf, 
Weatherby, and Williams of Caldwell 

Absent without Leave— Messrs. Budd, 
Bush, D'Oench, Filley, Fletcher, Foster. 
Gilstrap, Holdsworthli Linton, Smith of 
Mercer, and Switzler— 11. 

Sick — Messrs. Bedford, Childress, Meyer, 
and Mitchell — 1. 

So the amendment of Mr. Green to the 
twelfth section was rejected. 

Mr. Green then withdrew that part of his 
amendment relative to section thirteen. 

The question then being on adopting the 
substitute of Mr. Smith of Worth for the 
article on Declaration of Eights, oflered by 
Ml'. Bush, Mr. St. Gem demanded the ayes 
and noes thereon, and the vote being taken 
stood as follows : 

Ayes— Messrs. Bonham, Clover, Cowden, 
Davis of Nodawa3% Drake, Esther, Evans, 
Folmsbee, Foster, Fulkerson, Gamble, 
Gilbert of Lawrence, Green, Henderson, 
Holland, Hughes, Hume, King, Leonard, 
McPherson, Mack, Morton, Newgent, 
Peck, Rankin, Eohrer, Smith of Worth, 
Strong, Sutton, Swearingen, and Thilenius 
—31. 

Noes — Messrs. Davis of New Madrid, 
Dodson, Harris, Holcomb, McKernan, 



Owens, St. Gem, Williams of Scotland, and 
Mr. President— 9. 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Ellis, Gilbert of Platte , Gram- 
mer, Husmann, Martin, Nixdort Weath- 
erb}^ , and Williams of Caldwell— 11 . 

Absent without Leave — ^jNlessrs. Budd, 
Bush, D'Oench, Filley, Fletcher, Holds- 
worth, Linton, Smith of Mercer, and Switz- 
ler— 10. 

Sick — Messrs. Bedford, Childress, Meyer, 
and Mitchell — 4. 

So the substitute as oifered by Mr. Smith 
of Worth was adopted. 

Mr. Strong offered the following amend- 
ment, which was read and agreed to: 

Amend section nine by adding after the 
last word ' 'State, ' ' the words "or with the 
rights of others . ' ' 

On motion of Mr. Drake, the article on 
Declaration of Rights was laid on the table 
for the present. 

On motion of Mr. Drake, the Convention 
resolved itself into a Committee of the 
Whole to consider amendments to the Con- 
stitution . After some time spent therein the 
President resumed the chair, and Mr. 
Filley reported that the Committee of the 
Whole had, according to order, had under 
consideration amendments to the Constitu- 
tion, and particularly the article on the 
Legislative Department, but had come to no 
resolution thereon. 

On motion of Mr. Filley, the Convention 
adjourned until to-morrow morning at half- 
past 9 o'clock. 



forty-fourth; day. 



Convention met pursuant to adjournment, 
the President in the chair. 

The following gentlemen were excused 
for being absent yesterday afternoon : Messrs. 
D'Oench, Holds worth, and Linton. 

Mr. Fletcher was excused from attendance 
on yesterday, on account of sickness. 

On motion of Mr. Linton, leave of ab- 
sence, for one day, was granted to the 
Sergeant-at-arms . 

Mr. Gilbert of Lawrence asked for leave 
of absence for this day. Leave granted. 



TUESDAY, Febrruay 2Sth, 1865. 

Mr. Drake called up the additional rule, 
ottered b}^ him yesterday, and the question 
being on its adoption, Mr. Holland de- 
manded the ayes and noes thereon, and the 
vote being taken, stood as follows: 

Ayes — Messrs. Bonham, Cowden, Davis 
of Nodaway, Drake, Ellis, Evans, Folms- 
bee, Fulkerson, Gilbert of Lawrence, 
Holdsworrh. King. ]N[cPhersou, ^lack. Peek, 
Smith of fiercer, "^ Strong, Sutton, and Wil- 
liams of Scotland— 18. 

Noes— Messrs. Bush, Davis of Now ^[a- 
drid, Dodson, D'Oench, Esther, Fletcher, 



124 



Foster, Gamble, Gilbert of Platte, Gilstrap, 
Green, Harris, Henderson, Holcomb, Hol- 
land, Hngbes, Hume, Leonard, Linton, 
McKernau, Morton, Xewo-eut, Owens, 
Rohrer, St. Gem, Smith of "VYortli, Swear- 
ingen, S^^^(tzler, and Mr. President— 29. 

Absent with Leate — Messrs. Adams, 
Barr, Bunce, Grammer, Martin, iSTixdorf, 
Weatherby, and Williams of Caldwell— 8. 

Absent without Leave — Messrs. Budd, 
Clover, Filley, Husmann, Eankin, and Thi- 
lenins — 6 . 

SiCK' — Messrs. Bedford, Childress, Meyer, 
and Mitchell — 4. 

So the additional rule was rejected. 

On motion of Mr. Owens, the Conven- 
tion adjoui-ned until half-past two o'clock, 
P. M. ^ 



AFTEENOON SESSION. 

Convention met pursuant to adjournment, 
the President in the chair. 

]Mi\ BoNHAM moved to take up the report 
of the Committee on Loyalty, which motion 
was temporarily withdrawn . 

Mr. St. Gem asked leave of absence for 
six days, which was granted. 

Mr. Foster asked leave of absence for this 
evening, which was granted. 

Mr. Owens offered the following resolu- 
tion: 

Resolved^ That this Convention will ad- 
journ si7ie die on the 20th day of March, 
1865. 

Mr. Peck offered the follo\\ing substitute 
therefor : 

Resolved^ That this Convention adjourn 
sine die so soon as our Avork is done, and 
well done, and not before. 

Which was decided out of order. 

Mr. Xewgent offered the following amend- 
ment to the resolution offered by Mr. 
Owens : 

Strikeout "March 20, 1865," and insert 
in lieu thereof, April 1, 1865. ' ' 

On which ]Mr Gilstrap demanded the 
ayes and noes , and the vote being taken , 
stood as follows: 

Ayes— Messrs. Da^is, of New Madrid, 
Dodson, Fletcher, Foster, Gilbert of Platte, 
Gilstrap, Green, Harris, Hughes, Linton, 
Newgent, Owens, St. Gem and Smtzler 
—14. 

Noes — ^ISIessrs. Bonham, Budd, Clover, 
Cowden, Davis of Nodaway, Drake, Ellis, 
Esther, Evans, Folmsbee, Fulkerson, Gam- 
ble, Henderson, Holcomb, Holdsworth, 



Holland, Hume, Kin^, Leonard, McKernan, 
McPherson, Mack, Morton, Peck, Rankin, 
Smith of Mercer, Smith of Worth, Strong, 
Sutton, Swearingen, Williams of Scotland, 
and lsli\ President— 32. 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Gilbert of Lawrence, ^ram- 
mer, Martin, Nixdorf, AYeatherby, and Wil- 
liams of Caldwell— 9. 

Absent without Leave — ^Messrs. Bush, 
D'Oench, Fillev, Husmann, Rohrer, and 
Thilenius— 6. 

Sick— Messrs. Bedford, Childi-ess, Meyer, 
and Mitchell— 4. 

So the amendment offered by Mr. New- 
gent w^as rejected. 

The question then being on the resolution 
offered by Mr. Owens, Mr. Gilstrap de- 
manded the ayes and noes thereon, and the 
vote being taken, stood as follows: 

Ayes— Messrs. Bush, Davis of New Ma- 
drid, D'Oench, Fletcher. Foster, Gilbert of 
Platte, Gilstrap, Green, Harris, Morton, 
Newgent, Owens, St. Gem, andSwitzler — 14. 

Noes — Messrs. Bonham, Budd, Clover, 
Cowden, Davis of Nodawav, Dodson Drake, 
Ellis, Esther, Evans. ' Folmsbee, Ful- 
kerson, Gamble, Henderson, Holcomb, 
Holdsworth, Holland, Hughes, Hume, 
King, Leonard, Linton, McKernan, Mc- 
Pherson. Mack, Peck, Rankin, Smith of 
Mercer, Smith of Worth, Strong, Sutton, 
Swearingen, Williams of Scotland, and Mr, 
President— 34. 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Gilbert of Lawrence, Gram- 
mer. Martin, Nixdorf, A\'eatherby, and Wil- 
liams of Caldwell — 9. 

Absent without Leave — Messrs. FiUey, 
Husmann, Rohrer, and Thilenius — 4. 

Sick — Messrs. Bedford, Childress, Meyer, 
and Mitchell — 4. 

So the resolution w^as rejected. 

On motion of Mr. Owens, the report of 
the Committee on Loyalty was made the 
special order of the day for to-morrow. 

On motion of Mr. Gilstrap, the Conven- 
tion resolved itself into a Committee of the 
Whole, to take under consideration amend- 
ments to the Constitution. After some time 
spent therein, the President resumed the 
chair, and Mr. Bonham reported that the 
Committee of the AMiole had, according to 
order, had under consideration amendments 
to the Constitution, and particularly the arti- 
cles on the Legislative Department and the 
Executive Department, but had come to no 
resolution thereon. 

On motion of Mr. Green, the Convention 
adjourned until half-past 9 o'clock to- 
morrow morning. 



125 



forty-fifth: d^y. 

^VED:NrESDAY, March 1st, 1865. 



Convention met pursuant to adjournment, 
the President in the Chair, 

Prayer by Rev. Mr. McCook. 

On request of Mr. Husmanx, he was ex- 
cused for being absent yesterday. 

The special order for the day being the 
report of the Committee on Loyalty of Mem- 
bers, the case of Thomas B. Harris was 
taken up. 

Pending which, Mr. Foster offered the 
following resolution : 

Resolved, That that portion of the report 
of the Committee on Loyalty of Members 
contained in these words, to-wit — "The 
Committee on Loyalty of Members beg leave 
to report that they have had under consid- 
eration the case of Thomas B. Harris, of 
Callaway county, and are of the opinion that 
he is disloyal' '—be adopted. 

Pending which, Mr. Linton offered the 
following, as a substitute: 

Resolved^ That facts in the case of T. B. 
Harris, Esq., charged with disloyalty, do 
not justify his expulsion from this body. 

Mr. Owens offered the following: 

Resolved^ That this Convention may, with 
the concurrence of two-thirds of its mem- 
bers, expel a member; but no member shall 
be expelled a second time for the same 
offense. 

Mr. BoNHAM offered the following amend- 
ment to the resolution offered by Mr. 
Owens : 

Amend by striking out the word "two- 
thirds, ' ' and insert ' 'majority of the mem- 
bers elected to this Convention. ' ' 

On which Mr. Bonham demanded the ayes 
and noes, and the vote being taken stood 
as follows : 

Ayes— Messrs. Bonham, Bush, Clover, 
Davis of Nodaway, Dodson, Drake, Ellis, 
Filley, Fletcher, Folmsbee, Foster, Fulker- 
son, Gilbert of Lawrence, Henderson, Hol- 
comb, Holds worth, Holland, Hume, Leon- 
ard, McKernan, McPherson, Peck, Rankin, 
Smith of Mercer, Strong. Sutton, Thilenius. 
and Williams of Scotland— 28. 

Noes — Messrs. Bedford, Childress, Cow- 
den, Davis of New Madrid, D'Oench, Esther, 
Gamble, Gilbert of Platte, Gilstrap, Green, 
Hughes, Husmann, King, Linton, Mack, 
Morton, Ncvvgent, Owens, Rohrer, St. Gem. 
Smith of VV^orth, S 
Mr. President— 24. 



Absent with Leave — Messrs. Adams, 
Barr, Buuce, Grammer, Martin. Nixdorf, 
Weatherby, and Williams of Caldwell— 8. 

Absent without Leave — Messrs. Budd 
and Evans — 2. 

Sick — Messrs. Meyer and Mitchell — 2. 

Excused from Voting — Mr. Harris — 1. 

So the amendment offered by Mr. Bonham 
was adopted. 

The question then being on the original 
resolution as amended, Mr. St. Gem de- 
manded the ayes and nays thereon, and the 
vote being taken, stood as follows: 

Ayes — ^Messrs. Bonham, Bush, Childress, 
Clover, Cowden, Davis of Nodaway, Dod- 
son, D'Oench, Drake, Ellis, Filley, Fletch- 
er, Folmsbee, Foster, Fulkerson, Gamble, 
Gilbert of Lawrence, Henderson, Holcomb, 
Holdsworth, Holland, Hume, King, Leon- 
ard, Linton, McKernan, McPherson, Mack, 
Newgent, Peck, Rankin, Smith of Mercer, 
Smith of Worth, Strong, Sutton, Thilenius, 
Williams of Scotland, and Mr. President — 38. 

Noes — Messrs. Bedford, Davis of New 
Madrid, Esther, Gilbert of Platte, Gilstrap, 
Green, Hughes, Husmann, Morton. Owens, 
Rohrer, St. Gem, Swearingen, and Switz- 
ler— 14. 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Grammer, Martin, Nixdorf, 
Weatherby, and Williams of Caldwell — 8. 

Absent without Leave — Messrs. Budd 
and Evans — 2 . 

Sick — Messrs . Meyer and Mitchell — 2 . 

Excused from Voting — Mr. Harris — 1. 

So the original resolution , as amended, was 
adopted . 

On motion of Mr. Bonham, the Conven- 
tion adjourned until half-past 2 o'clock P.M. 



AFTERNOON SESSION. 

Convention met pursuant to adjournment, 
the Vice President in the chair . 

A call of the house behig ordered, the 
following gentlemen responded to their 
names : 

Messrs. Bonham, Budd, Childress, Cow- 
den, Davis of New Madrid, Davis of 
Nodaway, Dodson, D'Ooneh. Drake, Esther, 
Fletcher, Folmsbee, Foster. Gamble. (Gilbert 
of Lawrence, Gilbert of Platte, Cilsirap, 
Green, Harris, Henderson, Holdsworth, 
Holland, Hughes, Hume, Husmann, King, 
I.eonard, Linton, INlcKernan, ^IcPhersou, 
Mack, Morton, Newgent, Owens, Peek. 



126 



Rankin, Smith of Mercer, Smith of Worth, 
Strong, Sutton, Swearingen, Switzler, and 
Thilenius— 43. 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Grammer, Martin, Nixdorf, 
St. Gem, Weatherby, and Williams of 
Caldwell— 9. 

Absent without Leave — Messrs. Bed- 
ford, Bush, Clover, Ellis, Evans, Filley, 
Fulkerson, Holcomb, Rohrer, Wilhams of 
Scotland, and Mr. President — 11. 

Sick — Messrs. Meyer and Mitchell — 2. 

On motion of Mr. Holland, further pro- 
ceedings under the call were dispensed with. 

On request of Mr. Green, leave of absence 
was granted to him for days. 

Mr. Gamble oflered the following reso- 
lution : 

Resolved^ That Thos. B. Harris be permit- 
ted to employ counsel in his defense. 

Mr. Foster offered the following amend- 
ment to said resolution : 



Amend by addin< 



•and that the Conven- 



tion may employ a prosecuting attorney." 

After debate, Mr. Gamble withdrew his 
resolution. 

On motion of Mr. Foster, the rule 
governing the Convention, confining its 
members to fifteen minutes' time each in 
speaking, was suspended for the special 
benefit of Mr. Harris. 

On motion of Mr. Krekel, the fifteen- 
minute rule was suspended during the 
consideration of Mr. Harris' case. 

Mr. Drake offered the following resolu- 
tion : 

Resolved^ That the case of Mr. Harris be 
recommitted to the select committee, with 
authority to receive additional evidence for 
and against him, and with instructions to 
report such additional evidence at as early a 
day as practicable; and that Mr. Harris have 



notice of the time and place of taking 
evidence against him. 

Mr. Bush moved that the case of Mr. 
Harris be postponed indefinitely; which 
motion he modified by striking out the word 
' 'indefinitely, ' ' and inserting in lieu thereof, 
' 'the 4th day of July next. ' ' 

Pending which, Mr. Gilbert of Lawrence 
moved that the Convention adjourn; on 
w^hich motion, Mr. Drake demanded the 
ayes and noes, and the vote being taken, 
stood as follows: 

Ayes — Messrs, Budd, Childress, D'Oench, 
Ellis, Esther. Foster, Fulkerson, Gilbert of 
Lawrence, Gilbert of Platte, Henderson, 
Holland, Hughes, Husmann, Mack, Peck, 
Rankin, Rohrer, Strong, Sutton, Swearin- 
gen, Switzler, and Thilenius — 22. 

Noes — Messrs. Bush, Cowden, Davis of 
New Madrid, Davis of NodaAvay, Dodson, 
Drake, Folmsbee, Gamble, Gilstrap, Hol- 
comb, Holds worth, Hume, King, Leonard, 
Linton, McPherson, Morton, Newgent, 
Owens, S mith of M ercer , Smith of W or th , 
and Mr. President^ — 22. 

Absent with Leave — Messrs. Adams, 
Barr, Bunce, Grammer, Green, Martin, 
Nixdorf, St. Gem, Weatherbv, and Williams 
of Caldwell— 10. 

Absent without Leave — ^Messrs. Bed- 
ford, Clover, Evans, Fletcher, and Williams 
of Scotland— 7. 

Sick — Messrs. Bonham, Mever, and 
Mitchell— 3. 

Excused — Mr. Harris — 1. 

So the motion was rejected. 

Mr. Owens moved that all evidence in th<3 
Harris case, not properly attested, should, by 
common consent of the Convention, be con- 
sidered as properly attested; which motion 
was disagreed to. 

On motion of Mr. Foster, the Convention 
adjourned until half-past 9 o'clock to-mor- 
row morning. 



FORTY-SIXTH DA.Y. 



Convention met pursuant to adjournment, 
the Vice President in the chair. 

On request of Mr. Krekel, he was ex- 
cused for being absent yesterday at roll call. 

Ml-. Holdsworth was also excused. 

Mr. Evans was excused for being absent 
yesterday afternoon , on account of sickness. 

Mr. Krekel moved to reconsider the vote 



THURSDAY, March 2d, 1865. 

by w^hich the resolution relative to expelling 
members was adopted yesterday; which 
motion was withdrawn. 

Mr. Husmann asked leave of absence for 
Mr. Bush for this day, which was granted. 

Mr. Rohrer asked leave of absence for 
Mr. Esther for ten days, on account of 
sickness in his family, which was granted. 



127 



Mr. Martin asked that the leave of absence 
granted to the Sergeaut-at-arms be extended 
mdetinitely, on account of extreme sickness 
in his family, wliich was agTeed to. 

The motion of Mr. Drake to recommit 
the evidence in, and the motion of Mr. 
Bush to postpone, the case of Mr. Harris, 
made on yesterday afternoon, were called 
up. 

Mr. Clover asked for leave of absence 
for this forenoon , which was granted . 

The question then being on postponing 
further proceedings in the Harris case until 
July 4, 1865, Mr. Holland demanded the 
ayes and noes thereon , and the vote being 
taken, stood as follows : 

Ayes — Messrs. Davis of Xew Madrid, 
Gamble, King, Linton, and Owens — 5. 

Noes — Messrs. Bonham, Budd, Bunce, 
Childress, Clover, Cowden, Davis of Noda- 
way, Dodson, D'Oench, Drake, Ellis, 
Esther, Evans, Filley, Folnisbee, Foster, 
Fulkerson, Gilbert of Lawrence, , Gilbert of 
Platte, Gilstrap, Henderson, Holcomb, 
Holds worth, Holland, Husmann, Leonard, 
McKernan, McPherson, Mack, Martin, 
Morton, Newgent, Peck, Rankin, Eohrer, 
Smith of Mercer, Smith of Worth, Strong, 
Sutton, Swearingen, Switzler, Thilenius, 
Williams of Scotland, and Mr. President 
—44. 

Absent with Leave — Messrs. Adams, 
Barr, Bush, Grammer, Green, Nixdorf, St. 
Gem, Weatherby, and Williams of Cald- 
well— 9. 

Absent without Leave— Messrs. Bed- 
ford, Fletcher, Hughes, and Hume — 4. 

Sick — Messrs. Meyer and Mitchell — 2. 

Excused from Voting— Mr. Harris — 1. 

So the motion to postpone was disa- 
greed to. 

Mr. Budd requested leave of absence for 
this day, which the Convention refused to 
grant. 

Mr. Owens offered the following as a sub- 
stitute for Mr. Drake's resolution: 

Resolved^ That the case of Mr. Harris be 
recommitted to the select committee, with 
authority to receive additional evidence for 
or against him; and that they shall have 
power to send for persons and papers, and 
they shall so examine the witnesses against 
the accused, and permit him to cross-exam- 
ine them it he sees fit, and they shall exam- 
ine all witnesses that the accused may bring 
before them, and may cross-examine them, 
and that the accused may be heard, before 
the committee, by counsel. 

Pending which, on request of Mr. Budd, 
le^ve of absence was granted him for this 
afternoon. 



Mr, Holland offered the following as an 
amendment to Mr. Owens' resolution: 

And that the Committee be required to 
report as soon as practicable. 

Which amendment was accepted by Mr. 
Owens. 

On motion, the Convention adjourned 
until half-past 2 o'clock, P.M. 



AFTERNOON SESSION. 

Convention met pursuant to adjournment, 
the President in the chair . 

The pending question being on the substi- 
tute offered by Mr. Owens for the resolution 
offered \)j Mr. Drake, Mr. Holland de- 
manded the ayes and noes thereon, which 
being taken, the vote stood as follows: 

Ayes — Messrs. Clover, Gilbert of Platte, 
and Switzler — 3. 

Noes — Messrs. Bonham, Bunce, Chil- 
dress, Cowdei:, Davis of Nodaway, Dodson, 
Drake, Ellis, Esther, Folmsbee, Foster, 
Fulkerson, Gamble, Gilbert of Lawrence, 
Henderson, Holcomb, Holds worth, Holland, 
Husmann, King, Leonard, McKernan, Mc- 
Pherson, Mack, Morton, Newgent, Peck, 
Rankin, Smith of Mercer, Smith of Worth, 
Strong, Sutton, Swearingen, Thilenius, Wil- 
liams of Scotland, and Mr. President — 36. 

Absent with Leave — Messrs. Adams, 
Barr, Budd, Bush, D'Oench, Evans, Filley, 
Fletcher, Grammer, Green, Nixdorf, St. 
Gem, Weatherby, and Williams of Cald- 
well— 14. 

Absent without Leave — Messrs. Bed- 
ford, Davis of New Madrid, Gilstrap, Hughes, 
Hume, Linton, Martin, Owens, and Rohrer 
—9. 

Sick — ^JVIessrs . Meyer and Mitchell — 2 . 

Excused from Voting — Mr. Harris — 1. 

So the substitute was disagreed to. 

The question then being on Mr Drake's 
resolution to recommit, Mr. Holland de- 
manded the ayes and noes thereon, and the 
vote being taken stood as follows: 

Ayes — Messrs, Clover, Cowden, D'Oench, 
Drake, Esther, Evans, Gamble, Gilbert of 
Platte, Gilstrap, King, Linton, Martin, 
Morton, Owens, Smith of Worth, and 
Switzler — 16. 

NoKS — Messrs. Bonham, Bunce, Cliil- 
dress, Davis of Nodaway, Dodson. Ellis, 
Folmsbee, Foster, Fulkerson, GiU^ert of 
Lawrence, Henderson, Holcomb, Holds- 
worth, Holland, Hughes, llusmaini, Leon- 
ard, McKernan, McPherson, 3lack, New- 
gent, Peck, Rankin, Rohrer, Smiih oi fier- 
cer, btrong, Sutton, Swearingen, Thileiuus, 
Williams of Scotland, and ]Mr." President — 31 . 



128 



Absent with Leave — Messrs. Adams, 
Ban-, Budd, Bush, Grammer, Grreen, ISIix- 
dorf, St. Gem, Weatherby, and Williams of 
Caldwell— 10. 

Absent without Leate — Messrs. Bed- 
ford, Davis of New Madrid, Filley, Fletcher, 
and Hume — 5. 

Sick — ^^Messrs. Meyer and Mitchell — 2. 

Excused from Voting — Mr. Harris— 1. 

So the resolution was rejected. 

The question then recurred on the follow- 
ing resolution, offered by Mr. Foster yes- 
terday : 

Resolved, That that portion of the report 
of the Committee on Loyalty of MemlDers 
contained in these words, to-wit — "The 
Committee on the Loyaltj^ of Members beg 
leave to report that they have had under con- 
sideration the case of Mr. Tliomas B. Har- 
ris, of Callaway county, and are of tlie 
opinion that he is disloyal" — be adopted — 

And for which Mr. Linton had offered the 
following substitute : 

Resolved, That the facts in the case of T . 
B. Harris, Lsq., charo-ed ^\\t\\ disloyalty, 
do not justify his expulsion trom this body — 

Mr. Linton mthdrew his substitute, and 
Mr. Drake offered the following as a sub- 
stitute for Mr. Foster's resolution, which 
was accepted by Mr. Foster; 

Resolved, That the seat of Thomas B . Har- 
ris, a member of this body, be, and the 
same is hereby, declared vacant. 

Mr. Owens offered the following resolu- 
tion: 



Resolved, That this Convention may, with 
the concurrence of a majoritj^ of the mem- 
bers elected to this body, declare a seat of a 
member vacant. 

A call of the house was ordered, and the 
following gentlemen responded to their 
names : 

Messrs. Bonham, Bunce, Childress, Clo- 
ver. Cowden, Davis of New Madrid, Davis 
of Nodaway, Dodson. D'Oench, Drake, 
EUis, Esther, Evans, Filley, Folmsbee, 
Foster, Fulkerson, Gamble, Gilbert of 
Lawrence, Gilbert of Platte, Gilstrap, Har- 
ris, Henderson, Holcomb, Holdsworth, 
Holland, Hughes, Husmann, King, Leon- 
ard, Linton, McKernan , McPherson , Mack, 
Martin. Morton, New^gent, Owens, Peck, 
Kankin, Kohrer, Smith of Mercer, Smith of 
Worth, Strong, Sutton, Swearingen, S^^itz- 
ler, Thilenius, Williams of Scotland, and 
Mr. President— 50. 

Absent v\'ith Lea^^- Messrs . Adams, 
Barr, Budd, Bush, Grammer, Green, 
Nixdorf, St. Gem, Weatherbj^, and Wil- 
liams of Caldwell— 10. 

Absent without Leave — Messrs. Bed- 
ford, Fletcher, and Hume — 3. 

Sick — ^Messrs. Meyer and Mitchell — 2. 

JMi'. Peck moved a suspension of further 
proceedings under the call, which was 
agreed to . 

Leave of absence was granted to Mr. 
Rohrer for one day . 

On motion of Mr. Drake, the Convention 
adjom-ned until half-past 9 o ' clock to-morrow 
morning. 



FORTY-SEVENTH DAY. 



Convention met pursuant to adjournment, 
the President in the chair. 

Prayer by the Pev. Dr. Post. 

The following additional rule was offered 
by Mr. Drake: 

When the previous question shall be 
moved , but shall not be demanded by two- 
thirds of the members present, the pending 
matter shall not thereb}^ go over to another 
day, but the Convention may immediately 
proceed with the matter, as if the previous 
question had not been moved. 

Mr. Hume w^as excused for being absent 
yesterday, on account of ^sickness. 

Mr. Clover moved the previous question, 
on which motion, Mr. Owens demanded the 



FRIDAY, March 3d, 1865. 

ayes and noes, and the vote being taken, 
stood as follows : 

Ayes — ^IVIessrs. Bonham, Budd, Bunce, 
Childress, CowTlen, Davis of Nodaway, 
Dodson, Drake, Ellis, Evans, Folmsbee, 
Foster, Fulkerson, Gamble, Gilbert of Law- 
rence, Henderson, Holcomb, Holdsworth, 
Holland, Hughes, Hume, Husmann, King, 
Leonard, Linton, McKernan, McPherson, 
Mack, Martin, Newgent, Nixdorf, Peck, 
Rankin, Smith of Mercer, Smith of Worth, 
Strong. Sutton, Swearingen, and Williams 
of Scotland— 39. 

Noes — Messrs. Clover, Da^is of New Ma- 
drid, Fletcher, Gilbert of Platte, Harris, 
Morton. Owens, Switzler, and Mr. President 
—9. 

Absent with Leave — Messrs. Adams, 



129 



Barr, Esther, Grammer, Green, Rohrer, 
St. Gem, Weatherby, and Williams of Cald- 
well— 9. 

Absent without Leave — ^INIessrs. Bed- 
ford, Bush, D'Oench, Fillej^, Giistrap, and 
Thilenius — 6. 

Sick — Messrs. Meyer and Mitchell — 2. 

So the previous question was sustained. 

The question then being on the additional 
I'ule ofiered by Mr. Drake, Mr. Drake 
called for the ayes and noes thereon, and the 
. vote being taken , stood as follows : 

Ayes — Messrs. Bonham, Budd, Bunce, 
Bush, Childress, Clover, Cowden, Davis of 
Nodaway, Dodson, Drake, Ellis, Evans, 
Folmsbee, Foster, Fulkerson, Gamble, Gil- 
]>ert of Lawrence, Henderson, Hoi comb. 
Holds worth, Holland, Hughes, Hume, 
Husmann, King, Leonard, Linton, McKer- 
uan, McPherson, Mack, Martin, Newgent, 
Nixdorf, Peck, Bankin, Smith of Mercer, 
Smith of Worth, Strong, Sutton, Swearingen, 
and Williams of Scotland — il. 

Noes — Messrs. Davis of New Madrid, 
Gilbert of Platte, Harris, Owens, Switzler, 
and Mr. President— 6. 

Absent with Leave — Messrs. Adams, 
Barr, Esther, Grammer, Green, Rohrer, 
St. Gem, Weatherby, and Williams of 
Caldwell— 9. 

Absent without Leave — Messrs. Bed- 
ford, D'Oench, Filley, Fletcher, Giistrap, 
Morton, and Thilenius — 7. 

Sick — Messrs . Meyer and Mitchell — 2 . 

So the additional rule was adopted. 

Mr. HoLCOMB called up the following 
resolution, offered by him yesterday: 

Resolved^ That \hQ Secretary of this Con- 
vention be allowed ten cents for each and 
every hundred words and figures of the 
proceedings of this Convention, copied on 
the journal, and that he be paid out of the 
fund appropriated to defray the expenses of 
this body . 

To which Mr. Drake offered the following 
as a substitute : 

Resolved, That the Secretary of this Con- 
vention be allowed, after the final adjourn- 
ment of the Convention, ten cents for each 
hundred words and figures of the journal of 
this body, furnished by him for the piinting 
thereof. 

Which was adopted as a substitute, and 
agreed to. 

Mr. Hughes offered the following resolu- 
tion : 

Resolved, That when this Convention ad- 
journs on Friday afternoon, March 3, 1865, 
it adjourn to meet in the Hall of Represen- 
tatives olJefferson Citv, on Tuesday, March 
7, at 10 o'clock a. m. 

Which was read, and, on motion, laid 
over. 



A communication from the Lyon League 
of Howard county, Missouri, dated Glasgow, 
Missouri, February 26, 1865, denouncing 
the acts of certain persons, and relative to, 
and sustaining the action of, the Missouri 
State Convention, signed by sixty members, 
was read tor information, and laid on the 
table. 

On the request of Mr. Gilbert of Platte, 
leave of absence was granted him until 
Thursday next. 

On motion of Mr. Foster, the Convention 
adjourned until half-past 2 o'clock p.m. 



AFTERNOON SESSION. 

Convention met pursuant to adjournment, 
the President in the chair. 

Mr. Gilbert of Lawrence moved that the 
Sergeant-at-arms be interrogated by Mr. 
Folmsbee relative to certain evidence taken 
by him in the Harris case; which motion was 
withdrawn . 

Tiie resolution offered by Mr. Hughes, 
relative to the adjournment to Jefferson Citj^, 
was taken up . 

Mr. Owens offered the following amend- 
ment thereto: 

And that the members shall not be 
entitled to per diem for Saturday, Sunday 
and Monday, nor any mileage ingoing to 
or retm-ning from Jefferson City. 

Mr. Owens moved the previous question, 
which was sustained. 

The question then being on the amend- 
ment offered by Mr. Owens to the resolution 
of Mr. Hughes, Mr. Owens demanded the 
ayes and noes thereon, which being taken, 
the vote stood as follows : 

Ayes — ^IMessrs. Bonham, Budd, Bunce, 
Childress, Clover, Cowden, Davis of Noda- 
way, Folmsbee, Gilbert of Lawrence, Gilbert 
of Platte, Giistrap, Harris, Hughes. Linton, 
Mack, Martin, Owens, Peck, Rankin, Smith 
of Mercer, Strong, Switzler, and AVilliams 
of Scotland — 23. 

Noes— Messrs. Bush, Dodson, Drake, 
Ellis, Evans, Filley, Foster, Fulkerson, 
Gamble, Henderson, Holcomb, Holdsw.ortli. 
Holland, Hume. Husmann, King, McKernan, 
McPherson, Meyer, Morton, NVwgeut, Nix- 
dorf, Rohrer, " Smith of Worrit Sutton. 
Swearingen, Thilenius, and Mr. President 
—28. ^ 

Absent witi{ LEAVE--jN[essrs. Adams, 
Barr, Esther, Grammer, Creen, St. Gem, 
VVeatherbv, ami Williams of Cakhvell--8. 

Sick— Mr. Mitchell-1. 



130 



AssEiS^T WITHOUT LEAVE--Messrs. Bed- 
ford, Davis of New Madrid, D'Oench, 
Fletclier, and Leonard- -5. 

So the amendment was rejected. 

Mr. Owens moved tlie previous question, 
on which he demanded the ayes and noes ; 
and the vote being taken , stood as lollows : 

AYES--Messrs. Bonham, Budd, Bunce, 
Childress, Clover, ('owden, Da^is of Noda- 
way, Dodson, Drake, Ellis, Evans, Filley, 
Folmsbee, Fidkerson, Gamble, Gilbert of 
Lawi'ence, Gilbert of Platte, Gils'trap, Har- 
ris, Henderson, Holcomb, Holdsworth, 
Hume, King, McPherson, Mack, Martin, 
Meyer, Morton, Newgent, Nixdorf, Owens, 
Peck, Eankin, Smitfi of Mercer, Strong, 
Sutton, Switzler, Williams of Scotland;, and 
Mr. President— 40. 

Noes— Messrs. Bush, Foster, Holland, 
Hughes, Husmann, Linton, McKernan, 
Rohrer, Smith of Worth, Swearingeu, and 
Thilenius— 11. 

Absext with Leave — Messrs. Adams, 
Barr, D'Oench, Esther, Grammer, Green, 
St. Gem, Weatherbj^, and Williams of Cald- 
well— 9. 

Absent without Leave — ^Bedford, Davis 
of New Madrid, Fletcher, and Leonard — 4. 

Sick— M-. MitcheU— 1. 

So the previous question was sustained. 

The question then being on the resolution 
offered by Mr. Hughes, relative to adjourn- 
ing to Jefferson City, Mr. Bonham demanded 
the ayes and noes thereon, and the vote 
being taken, stood as follows: 

Ayes — Messrs. Bunce, Bush, Davis of 
New Madrid, Foster, Gilbert of Lawrence, 
Gilstrap, Holcomb, Holland, Hughes, Hume, 
Husmann, McKernan, Nixdorf, E-ankin, 



Rohrer, Smith of AVorth, Thilenius, and 
Williams of Scotland— 18. 

Noes— Messrs. Bonham, Budd, Childress, 
Clover, Cowden, Davis of Nodaway, Dod- 
son, Drake, Ellis, Evans, Filley, Folmsbee, 
Fulkerson, Gamble, Gilbert of Platte, Har- 
ris, Henderson, Holdsworth, King, Linton, 
McPherson, Mack, Martin, Meyer, Morton, 
Newgent, Owens, Peck, Smith of Mercer, 
Strong, Sutton, Swearmgen, S^^4tzler, and 
Mr. President— 34. 

Absent with Leave— Messrs. Adams, 
Barr, D'Oench, Esther, Grammer, Green, 
St. Gem, Weatherby, and Williams of Cald- 
well— 9. 

Absent without Leave — Messrs. Bed- 
ford, Fletcher, and Leonai'd — 3. 

Sick— Mr. Mitchell— 1. 

So the resolution was rejected. 

On request of Mr. Foster, leave of ab- 
sence was granted him for two days . 

On request of Mr. Strong, leave of ab- 
sence was granted him for one daj. 

On motion of Mr. Drake, the invitation 
from the Mayor of St. Louis and the Cham- 
ber of Commerce, to the members of this 
Convention, to participate in the celebration 
and procession, on March 4, 1865, was 
unanimously accei^ted. 

On request of Mr. Evans, leave of absence 
was granted him for three daj^s . 

On request of Mi*. Bedford, leave of ab- 
sence was granted him for ten days, on ac- 
count of sickness in his family. 

On motion of Mr. Martin, the Conven- 
tion adjourned mitil half-past 9 o'clock, 
Monday morning. 



FORTY-EiaHTH D^Y. 



The Convention met pursuant to adjourn- 
ment, the Vice President in the chair. 

Praj^er by Rev. Mr. Bradley. 

On request of ]\lr. Nixdorf, leave of ab- 
sence was granted to Mr . McKernan for two 
days. 

The resolution of Mr. Drake, relative to 
vacating the seat of Mi\ Thomas B. Harris, 
was called up. 

Mr. Hughes moved the previous question, 
which was not sustained; and the Conven- 
tion proceeded with the consideration of the 
pending question. 

On motion of Mr. Switzler, the Conven- 
tion adjourned until half-past 2 o'clock P. M. 



MONDAY, March 6th, 1865. 
AFTERNOON SESSION. 

Convention met pursuant to adjournment, 
the President in the Chair . 

Mr. Linton offered the following substi- 
tute to the pending resolution of Mr. Drake: 

Resolved, That Thomas B. Harris, Esq., 
be, and he is hereby, expelled from a seat in 
this Convention. 

]VIi'. Owens, of the Committee on Judi- 
ciary, offered the following minority report: 

Mr. President — The undersigned, a 
member of the Committee on the Judiciary 
Department, beg leave to report that he 
dissents from the report of the majority of 
the committee, and he hopes the Conven- 



131 



tiou will not adopt the ' 'ordinance' ' recom- 
mended by the committee. 

J AS. W. OWENS. 

Mr. Dr.vk:e moved the previous question, 
which was seconded, and the main question 
ordered, and under the operation thereot the 
substitute oifered by Mr. Linton was re- 
jected by the following vote: 

Ayes — Messrs. Budd, Childress, Clover, 
Cowden, Davis of New Madrid, D'Oench, 
Gamble, Hughes, Linton, Mack, Martin, 
Morton, Owens, Switzler, and Mr. Presi- 
dent — 15. 

Noes — Messrs. Barr, Bonham, Budd, 
Bunce, Davis of Nodaway, Dodson, Drake, 
EUis, Filley, Fletcher, Folmsbee, Fulker- 
son, Gilbert of Lawrence, Henderson, Hol- 
comb, Holdsworth, Holland, Hume, King, 
Leonard, McPherson, Newgent, Nixdorf, 
Peck, Eankiu, Rohrer, Smith of Mercer, 
Sutton, Swearingen, Thilenius, and Wil- 
liams ot Caldwell— 31. 

Absent with Leave — Messrs. Adams, 
Bedford, Esther, Evans, Foster, Gilbert of 
Platte, Grammer, Green, McKernan, Smith 
of Worth, Strong, and Weatherby — 12. 

Absent without Leave — Messrs. Hus- 
mann, Meyer, St. Gem, and Williams of 
Scotland— 4. 

Sick— Mr. Mitchell— 1. 

Excused from Voting — Mr. Harris — 1. 

Paired Off— Messrs. Gilstraj) and Strong 
—2. 

A call of the house was then ordered, and 
the following gentlemen responded to their 
names : 

Messrs. Barr, Bonham, Budd, Bunce, 
Bush, Childress, Clover, Cov/den^ Davis of 
New Madrid, Davis of Nodaway, Dodson, 
D'Oench, Drake, Ellis, Filley, Fletcher, 
Folmsbee, Fulkerson, Gamble, Gilbert of 
Lawrence, Gilstrap, Henderson, Holcomb, 
Holdsworth, Holland, Hughes, Hume, King, 
Leonard, Linton, McPherson, Mack, Mar- 
tin, Meyer, Morton, Newgent, Nixdorf, 
Owens, 'Peek, Rankin, Rohrer, Smith of 
Mercer, Sutton, Swearingen, Switzler, Thi- 
lenius, Williams of Caldwell, and Mr. Presi- 
dent— 48. 

Absent with Leave — Messrs. Bedford, 
Esther, Evans, Foster, Gilbert of Platte, 
Grammer, Green, McKernan, Smith of 
Worth, Strong, and Weatherby — 12. 

Absent without Leave — Messrs. Har- 
ris, Husmann, St. Gem, and Williams of 
Scotland — 4. 

Sick— Mr. Mitchell— 1. 

On motion of Mr. Drake, further pro- 
ceedings under tlie call were dispensed witli. 

The question then being on the resolution 
offered by Mr. Drake, as amended, to-wit: 

Resolved^ That the seat of Thomas B. Har- 
ris, a member of this body, be and the same 
is hereby vacated, and that his name be 
struck from the roll of the Convention. 



Mr. Owens demanded the ayes and noes, 
and the vote being taken, stood as follows: 

Ayes — Messrs. Barr, Bonham, Bunce, 
Davis of Nodaway, Dodson, Drake, EUis, 
Filley, Fletcher, Folmsbee, Fulkerson, Gil- 
bert of Lawrence, Henderson, Holcomb, 
Holdsworth, Holland, Hume, Leonard, Mc- 
Pherson, Newgent, Nixdorf, Peck, Rankin, 
Rohrer, Smith of Mercer, Sutton, Swearin- 
gen, Thilenius, Williams of Caldwell, and 
Mr. President— 30. 

Noes— Messrs. Budd, Bush, Childress, 
Clover, Cowden, Davis of New^ Madrid, 
D'Oench, Gamble, Hughes, IQug, Linton, 
Mack, Martin, Morton, Owens, and Switz- 
ler— 16. 

Absent with Leave — Messrs. Adams, 
Bedford, Esther, Evans, Foster, Gilbert of 
Platte, Grammer, Green, McKernan. Smith 
of Worth, Strong, and Weatherby — 12. 

Absent without Leave — Messrs. Hus- 
mann, Meyer, St. Gem, and Williams of 
Scotland — 4. 

Sick— Mr. Mitchell— 1. 

Excused from Voting — Mr. Harris — 1. 

Paired Off — Messrs. Gilstrap and Strong. 

The Convention refused to excuse Mr. 
Gilstrap from voting, on account of having 
paired off with Mr. Strong, who w^as then 
absent. Mr. Gilstrap thereupon refused to 
vote. 

So the resolution was adopted. 

Mr. Clover, Chairman of the special 
committee to which was referred the resolu- 
tion relative to the St. Gem case, presented 
the following report : 

The special committee to w^hom w^as re- 
ferred the resolutions respecting the case of 
Gustavus St. Gem, member of the Conven- 
tion from the Twentj^-third Senatorial Dis- 
trict, charged with the utterance of certain 
declarations respecting the Convention, at a 
public meeting held at Turner Hall, in the 
city of St. Louis, on the 18th day of Feb- 
ruary last, respectfully report: 

That Mr. St. Gem, having emphatically 
disclaimed, to the committee as well as to 
the Convention , any offensive or disrespect- 
ful meaning toward the Convention in the 
expressions made use of by him on the oc- 
casion referred to, your committee recom- 
mend that no further action be taken in the 
matter, and ask to be discharged from 
the further consideration of the case. 

(Signed) H. A. CLGVTIR, 

M. L. LINTON, 
J. Wn.LL\MS, 

March 6, 1865. A. G. NEWGENT. 

On motion of Mr. Holland, the report, 
as offered by JNir. Clover, was received and 
adopted . 

On motion of Mr. Holland, the Conven- 
tion adjourned till half-past o'clock to- 
morrow morning. 



132 



FORTY-NINTH D^Y. 



TUESDAY, March 7th, 1865. 



Convention met pursuant to adjournment, 
the President in the chair. 

On request of Mr. Budd, leave of absence 
was granted him for this day. 

On request of Mr. Bush leave of absence 
was granted to Mr. Husmann for two days. 

On motion of Mr. Bush, the article on 
Banks and Corporations was taken up and 
read a second time by its title . 

Mr. Drake moved that the article on Banks 
and Corporations be referred to the Commit- 
tee of- the Whole; which motion was dis- 
agreed to. 

On motion of Mr. Bush, the article on 
Banks and Corporations was laid over tem- 
porarily. 

On motion of Mr. Drake, the Convention 
resolved itself into a Committee of the 
Whole, to take into consideration amend- 
ments to the Constitution. After some time 
spent therein, the President resumed the 
chair, and JSIr. Barr reported that the Com- 
mittee of the Whole had, according to order, 
had under consideration amendments to the 
Constitution, and particularly the article on 
the Executive Power, and reported the same 
t>ack to the Convention, with amendments; 
also, had had under consideration the article 
on the Legislative Department, but had come 
to no resolution thereon . 

Mr. Linton offered the following preamble 
and resolution : 

Whereas, Several articles have appeared 
in a daily paper, called the Missouri Republi- 
can^ of this citj^, charging with disloyalty 
Messrs. Newgent, Fulkerson, Holcomb and 
Holland, members of this Convention; 

Resolved., That the Special Committee on 
Loyalty be instructed to inquire into the truth 
or falsity of said charges , and report to this 
body at as early a day as possible. 

Mr. Drake moved to lay on the table the 

preamble and resolution offered by Mr. 

Linton; on which motion he demanded the 

.^ayes and noes, and the vote being taken, 

stood as follows : 

Ayes — Messrs. Bonham, Clover, Cowden, 
Dodson, Drake, Kino-, McPherson, Mack, 
Peck, Sutton, and Williams of Scotland — 11. 

^oes — Messrs. Barr, Bunce, Bush, Chil- 
dress, Davis of Nodaway, D'Oench, Fulker- 
son, Gamble, Gilbert of Lawrence, Gilstrap, 



Henderson, Holcomb, Holds worth, Holland, 
Hughes, Hume, Linton, Morton, Newgent, 
Nixdorf, Rankin, St. Gem, Strong, and Mr. 
President — 24. 

Absent with Lex\.ve — Messrs. Adams, 
Budd, Esther, Evans, Foster, Gilbert of 
Platte, Grammer, Green, Husmann, Mc- 
Keruan, Smith of Worth, and Weatherby — 
12. 

Absent without Leave— Messrs . Bed- 
ford, Davis of New Madrid, Ellis, Filley, 
Fletcher, Folmsbee, Leonard, Martin, 
Meyer, Owens, Rohrer, Smith of Mercer, 
Swearingen, Switzler, Thilenius, and Wil- 
liams of "Caldwell — 16. 

Sick — Mr. Mitchell — 1. 

So the motion was rejected. 

On motion of Mr. Gilbert of Lawrence, 
the Convention adjourned until half-past 2 
o'clock P.M. 



AFTERNOON SESSION. 

Convention met pursuant to adjournment, 
the President in the chair. 

Mr. Holland offered the following amend- 
ment to the resolution of Mr. Linton: 

Strike out all after the word "charges," 
in ninth line, and insert, "and that the 
committee be instructed to keep the following 
notice in the Missouri Republican for two 
weeks, viz: 

' 'Any person knowing any act or word of 
disloyalty committed or spoken by Messrs. 
Newgent, Fulkerson, Holcomb or Holland, 
at any time since the ]3eginning of this rebel- 
lion, will please transmit "the evidence 
thereof, under oath, to the undersigned 
committee without delay, ' ' 

And the committee are hereby further 
instructed, in case they find good reasons 
for suspecting that said gentlemen, or any 
one of them, have not always in good faith 
opposed the rebellion, to report to this Conven- 
tion all the evidence in the case. And the 
committee are further instructed that state- 
ments under oath will be received as evidence 
for and against the accused. 

Mr. Drake moved the indefinite postpone- 
ment of Mr. Linton's resolution, and the 
amendment offered by Mr. Holland; on 
which he demanded the ayes and noes, and 
the vote being taken, stood as follows: 

Ayes — ^JNIessrs. Bonham, Bunce, Bush, 
Childress, Clover, Cowden, Davis of Noda- 
way, Dodson D'Oench, Drake, Filley, 
Folmsbee, Gilbert of Lawrence, Henderson, 
Holdsworth, Hughes, Hume, King, Mo- 



133 



Pherson, Mack, Meyer, Morton, Nixclorf, 
Peck, Eaiikin, Smith of Mercer, Sattoii, 
Swearingeii, Svvitzler, Williams of Caldwell, 
Williams of Scotland, and Mr. President 
—32. 

Noes— Messrs. Fletclier, Gamble, Leon- 
ard, Martin, Owens, Rohrer, St. Gem, and 
Strong— 8. 

Absent with Leave— Messrs. Adams, 
Bedford. Biidd, Esther, Evans, Foster, 
Gilbert of Platte, Grammer, Green, Hus- 
mann, McKernan, Smith of Worth, and 
Weatherby— 13. 

Absent without Leave — Messrs. Barr, 
Davis of New Madrid, Ellis, Gil strap, Lin- 
ton, and Thilenius — 6. 

Not Voting — Messrs. Fulkerson, Hol- 
comb, Holland, and Newgent — 4. 

Sick— ]!>Ii- . Mitch ell— 1 . 

So the motion was agreed to. 

Mr. Martin requested to be relieved from 
further duty on the Committee on Loyalty. 

On motion of Mr. Folmsbee, Mr. Mar- 
tin was so relieved. 

Mr. Bush was, by order of the President, 
addecl to the Committee on Loyalty. 

On motion of Mr. Drake, the article on 
the Executive Power, with the amendments 
as reported back from the Committee of the 
Whole, was taken up; and on which, the 
following amendments to section third were 
read : 

Amend section third by inserting after the 
word "Governor," in the first line, the 
words ' 'elected at the general election in the 
year one thousand eight hundred and sixty 
eight, and each Governor thereafter elected;" 
*• and by striking out the word ' ' four, ' ' and 
inserting in lieu thereof the word "two." 
And in line three, by striking out the word 
"electors," and inserting in lieu thereot 
the word "voters." 

The question then being on this amend- 
ment, Mr. Owens demanded the ayes and 
noes thereon, Avhich being taken, the vote 
stood as follows: 

Ayes — Messrs. Barr, Bonham, Childress, 
Clover, Cowden, Davis of Nodaway, Drake, 
Folmsbee, Fulkerson, Gilbert of Lawrence, 
Henderson, Holdsworth, Holland, Hume, 
Kino-, McPherson, Mack, Nixdorf, Peck, 
liankin, Rohrer, St. Gem, Sutton. Williams 
of Caldwell, Williams of Scotland, and Mr. 
President— 2G. 

Noes — Messrs. Bunce, Bush, Dodson, 
D'Oeuch, Fletcher, Ga'mble, Gilstrap, 
llolcomb, Leonard, Linton, Martin, Meyer, 
Moi'ton, Newgent, Smith of Mercer, Strong, 
Swearingen, and Switzler— 18. 

Absent with Leave — Messrs. Adams, 
Budd, Esther, Evans, Foster, Gilbert of 



Platte, Grammer, Green, Husmann, Mc- 
Kernan, Smith of Worth, and Weatherby 
—12. 

Absent without Leave — Messrs. Bed- 
ford, Davis of New Madrid, Ellis, Filley, 
Hughes, Owens, and Thilenius — 7. 

Sick— Mr . Mitchell— 1 . 

So the amendment was agreed to . 

On motion, the second amendment was 
agreed to. 

The following amendment to section 
fourtli , reported back , was read : 

Amend by striking out section fourth and 
insert the toilowing : "Section 4. The Gov- 
ernor shall not be eligible to office more than 
four years in six. ' ' 

To which Mr. Strong offered the follow- 
ing substitute : 

Amend section four, by striking out the 
the word "four," and inserting the word 
"two." 

The question then being on the substi- 
tute offered by Mr. Strong, Mr. Williams 
of Caldwell demanded the ayes and noes 
thereon, and the vote being taken, stood as 
follows : 

Ayes — Messrs. Bush, Dodson, Gamble, 
Gilstrap, Holcomb, Meyer, Strong, Sutton, 
and Mr. President — 9. 

Noes — Messrs. Bonham, Bunce, Childress, 
Cowden, Davis of Nodaway, Drake, Ful- 
kerson, Gilbert of Lawrence, Henderson, 
Holdsworth, Holland, Hume, King, Linton, 
McPherson, Mack, Morton, Newgent, Nix- 
dorf, Rankin, Rohrer, Swearingen, Switz- 
ler, Williams of Caldwell, and Williams of 
Scotland — 25 . 

Absent with Leave — Messrs. Adams, 
Barr, Bedford, Budd, Esther, Evans, Fos- 
ter, Gilbert of Platte, Grammer, Green, 
Husmann, McKernan, Smith of Worth, and 
Weathei-by — 14. 

Absent without Leave — Messrs. Clover, 
Davis of New Madrid, D'Oench, Ellis. 
Filley, Fletcher, Folmsbee, Hughes, Leon- 
ard, Martin, Owens, Peck, St. (>em, Smith 
of Mercer, and Thilenius — 15. 

Sick— Mr. Mitchell— 1. 

So the substitute was rejected. 

Mr. GiLSTRAr moved to adjourn, which 
motion was disagreed to. 

The question then being on the origi- 
nal amendment, as reported back from 
the Committee of the Whole, it was 
agreed to. 

On motion of Mr. Gilstrap, the Conven- 
tion adjourned until half-past 9 o'clock 
to-morrow morning. 



134 



FIFTIETH D A.Y. 



\^^DNESDAY, March 8th, 1865. 



Conveution met pursuant to adjournment, 
the President in the chair. 

Prayer by Rev. Mr. Bradley. 

Mr. Foster requested leave to record his 
vote on the expulsion of Mr. Harris, for the 
reason that he had paired oS with Mr. 
Hughes, whom the Convention had required 
to vote while he (Mr. Foster) was absent; 
which was granted , and he voted aye . 

On request of Mr. Morton, leave of 
absence was granted him for one week. 

Mr. Williams of Scotland requested, on 
account of absence when the vote was taken , 
to record his vote on the expulsion of Mr. 
Harris ; which was not granted . 

Mr. GiLSTRAP, chairman of the committee 
on the mode of amending the Constitution, 
presented the follomng report : 

Mr. President: A majority of the com- 
mittee have instructed me to report the 
accompanying article on the mode of 
amending the Constitution . There was some 
diversity of opinion as to some of the 
changes^ introduced, and not such an agree- 
ment'as is desirable. 

The article provides for proposing amend- 
ments by a majority of the members elected 
to each House " of the General Assemblj^ , a 
specific mode of pubhcation, and for the 
ratifi.cation of these amendments by a direct 
vote of the people upon each amendment 
separately, in such manner as the General 
Assembly may provide. 

This method of ratifi.cation has much to 
recommend it. The voices of the voters are 
equally counted in ascertaining the majority, 
which is not the case when the ratification is 
by the General Assembly . By going directly 
to the peox)le with these amendments , there 
can be no mistaking the public will; nor 
ciin there be ground for any complaint'; a 
majority of the legal voters mil certainly 
rule in the formation of the organic law. 

The tliu'd section simply declares the right 
of the people to bind a convention by the 
organic act, and secures the efiective opera- 
tion of the bill of rights in behalf of the 
people; and to that end, requires an oath to 
support the Constitution of the United States 
and of the State of Missouri , and faithfully 
to demean themselves as delegates to such 
convention. Conventions are delegated 
bodies, and hence should be responsible, 
under the law, to the people. 

All of which are respectfully submitted . 
A. L. GH^STEAP, Chairman. 



ARTICLE — . 

Mode of A'tnending and Revising the Consti^ 
tution. 

Section 1. The Constitution may be 
amended and revised in pursuance of the 
provisions of this article. 

Sec. 2. The General Assembly, at any 
time, may propose such amendments to 
this Constitution as a majoritj' of the mem- 
bers elected to each house shall deem expe- 
dient; and the vote thereon shall be taken 
by ayes and noes, and entered, in full, on 
the journals; and the proposed amendments^ 
shall be published ^\ith the laws of that ses-* 
sion, and also shall be published weekly in 
two newspapers, if such there be, within 
each congressional district in the State, 
having the largest circulation therein, for 
four months next preceding the general 
election then next coming. The proposed 
amendments shall be submitted to a vote of 
the people — each amendment separately — at 
the next general election thereafter, in' such 
manner as the General Assembly may pro- 
vide ; and if a majority of the qualified voters 
of the State, A^oting for and against any one 
of said amendments, shall vote for such 
amendment, the same shall be deemed and 
taken to have been ratified by the people, 
and shall be valid and binding, *^ to all intents 
and pm-poses, as parts of this Constitution . 

Sec. 8. All conventions hereafter organ- 
ized in this State shall be bound by the terms 
of the organic act calling such convention , 
not inconsistent \Aith the Coiistitution and 
laws of the United States ; and each member 
shall take an oath to support the Constitu- 
tion of the United States, and of the State 
of Missouri, and to faithfully demean him- 
self as a delegate in said Convention. 

The foregoing article was read the first and 
second time by its title, and ordered to be 
■ printed. 

I Mr. GiLSTRAP offered the following sub- 
j stitute for section third of the article on 
I Elections and the Qualifications of Voters, 
I Ci\il Officers, and others, which was read, 
I and ordered to be printed, and referred to 
I the Committee of the Whole: 

j Sec. 3. That no person, disqualified un- 
der the provision^ of this section, shall be 
deemed to be a qualified voter at any election, 
under the Constitution and laws of this 
State, or be qualified to hold any office of 
profit or trust thereunder ; or be permitted to 
practice as an attorney or claim agent, or 
become a teacher in any public school, or 



135 



allowed to solemnize the rights of matri- 
mony, or to act as an officer in any corpora- 
tion within this State. 

First — All persons who have been, or who 
hereafter may be, voluntarily engaged in any 
armed hisurrection or rebellion, or in any 
armed hostile array, against the government 
of the United States, or of the State of 
Missouri. 

Second — All persons who have been , or who 
hereafter may be, voluntarily engaged in 
giving aid and comfort to any person or 
persons described in the preceding subdi- 
vision. 

Third — All persons who have been, or who 
hereafter may be, voluntarily acting with 
any armed band of partisans, guerrillas, 
marauders, or (so-called) bushwhackers, in 
violation of the laws of the United States, or 
of the State of Missouri; and all persons 
who have been, or who hereafter may be, 
voluntarily engaged in giving aid and com- 
fort to any person or persons acting with 
any such armed band, so in violation of said 
laws . 

Fourth — All persons who have, or who 
hereafter may have, since the tenth day of 
June, A. D. 1862, voluntarily adhered to the 
cause of the (so-called) Confederate States of 
America: Provided ^ That any person who 
maybe disqualified, under the first or second 
subdivision of this section, for acts done, or 
words spoken or written, prior to the said 
tenth day of June, A. D. 1862, and who, 
prior to said day , shall have taken the benefit 
of any proclamation of pardon or of amnesty, 
in relief therefrom, issued under the authority 
of the President of the United States, or 
of the Governor of the State of Missouri, or 
under any ordinance of her Convention, and 
who shall have continued faithfully to keep 
and observe the conditions thereof, shall be 
relieved and excepted from all disqualifi- 
cations under this section: and provided 
further, That any person who may be dis- 
qualified, under the provisions of the first, 
second or fourth subdivision of this section, 
prior to the tenth day of May, A. D. 1865, 
and who shall have, prior to that day, 
volunteered into the military service of the 
United States, and shall faithfully serve 
therein for the period of twelve months, 
unless sooner discharged, shall be relieved 
from such disqualification. 

On request of Mr. Thilenius, he was 
excused for being absent yesterday aftei:- 
noon, on account of sickness. 

Mr. Clover, Chairman of the Committee 

on the Judicial Department, reported the 

following article, which was read the first 

. and second time by its title, and ordered to 

be printed: 

ARTICLE V. 

Of the Judicial Department . 

Section 1. The judicial power, as to mat- 
ters of law and equity, shall be vested in a 



supreme court, in circuit courts, and in such 
inferior tribunals as the General Assembly 
may, from time to time, establish. 

Sec. 2. The supreme court, except in 
cases otherwise directed by the Constitution, 
shall have appellant jurisdiction only, which 
shall be co-extensive with the State, under 
the restrictions and limitations in this Con- 
stitution provided. 

Sec. 3. The supreme court shall have a 
general superintending control over all in- 
ferior courts of law. It shall have power to 
issue writs of habeas corpus, mandamus, quo 
warranto, certiorari, and original remedial 
writs, and to hear and determine the same. 

Sec. 4. The supreme court shall consist of 
five judges, any three of whom shall be a 
quorum, and the said judges shall be con- 
servators of the peace throughout the State. 

Sec. 5. The State shall be divided into 
convenient districts, not to exceed four, in 
each of which the supreme court shall hold 
two sessions annually, at such time and place 
as the General Assembly may appoint; and, 
when sitting in either district, it shall exer- 
cise jurisdiction over causes originating in 
that district only ; but the GeneraJ Assembly 
may direct, by law, that the said court shall 
be held at one place only . 

Sec. 10. The judges of the supreme court 
shall hold office for the term of ten years, 
and until their successors shall be duly elected 
and qualified, except as hereinafter provided. 

Sec. 7. At the general election, in the 
year one thousand eight hundred and sixty- 
eight, all the five judges of the supreme 
court shall be elected by the qualified voters 
of the State , and shall enter upon their office 
on the first Monday of January, next ensu- 
ing. At the first session of the court there- 
after, the judges shall, by lot, determine 
the duration of their several terms of office, 
which shall be, respectively, two, four, six, 
eight, and ten years, and shall certify the 
result to the Secretary of State. At the 
o-eneral election, every two 5^ears after said 
first election, one judge of said court shall 
be elected, to hold office for the period of 
ten years from the first Monday of January, 
next ensuing. The judge having, at any 
time, the shortest time to served shall be 
the presiding judge of the court. 

Sec. 8. If a vacancy shall happen in the 
office of any judge of the supreme court, by 
death, resignation, removal from the State, 
or other disqualification , the Governor shall 
appoint a suitable person to fill the vacancy 
until the next general election, when the 
same sliall be filled by election, by the quali- 
fied voters of the State, for the" residue of 
the term. 

Sec. 9. In case of a tie, or a contested 
election between the candidates, tlie same 
shall be determined in the manner prescribed 
by law. 

Sec. 10. If, in regard to any cause pend- 
ing in the supreme court, the judges sitting 
sliall be ecpially divided in opiuion", no judg-"- 
ment shall be entered therein based oii sui'li 
division; but the parties to the cause may 



136 



agree upon some person, learned in the law, 
who shall act as special judge in the cause, 
and who shall therein sit with the coui't, and 
give decision in the same manner, and with 
the same effect, as one of the judges. If 
the parties cannot agree upon a special 
judge, the court shall appoint one. 

Sec. 11. The judges of the supreme court 
shall give their opir.ion upon important 
questions of constitutional law, and upon 
solemn occasions, when required by the 
Governor, the Senate, or the House of Rep- 
resentatives; and all such opinions shall be 
published iii connection with the reported 
decisions of said com-t. 

Sec. 12. The circuit court shall have juris- 
diction over all criminal cases, which shall 
not be othervdse provided for bylaw; and 
exclusive oiiginal jurisdiction in all civil 
cases which shall not be cognizable before 
justices of the peace, until otherwise directed 
by the General Assembly . It shall hold its 
terms at such time and place, in each county, 
as may be by law directed. 

Sec 13. The State shall be divided into 
convenient circuits, tor each of which, ex- 
cept as in the next succeeding section speci- 
fied, a judge shall be elected by the qualified 
voters of the respective circuits, and shall 
be elected for the term of six years, butmaj- 
continue in oflice until his successor shall be 
elected and qualified; and the judge of each 
cii'cuit, after his election or appointment, as 
hereinafter x3ro\dded , shall reside in , and be a 
conservator of, the place within the circuit 
for which he shall be elected or appointed ; 
and if any vacancy shall happen in the 
office of any circuit judge, by death, resig- 
nation, removal out "of his circuit, or by any 
other disqualification, the Governor shall, 
upon being satisfied that a vacancy exists, 
issue a writ of election to fill such vacanc}^: 
Provided, That said vacancy shall happen at 
least six months before the next general 
election for said judge; but if such vacancy 
shall happen within six months of the gen- 
eral election aforesaid, the Governor shall 
oppoint a judge for such circuit; but every 
election or appointment to fill a vacancy 
shall be for the i-esidue of the term only. 
And the General Assembly shall provide, 
bylaw, for the election of said judges in 
their respective circuits ; and in case of a tie, 
or contested election between the candidates, 
the same shall be determined in the manner 
to be prescribed by law. And the General 
Assembly shall provide, hj law, for the 
election of said judges, in their respective 
circuits, to fill any vacancy which shall occur 
at any time at least six months before a gen- 
eral election for said judges. The first 
general election for circuit judges shall be on 
the fh-st Tuesdaj^ after the first Monday in 
Il^ovember, 1869,' and on the same day every 
six years thereafter. No judicial ' circuit 
shall be altered or changed at any session of 
the General Assembly next preceding the 
general election for said judges. 

Sec. 14. From and after the first day of 
January, one thousand eight hundred and 



sixty-six, the circuit court of the countv of 
St. Louts shall be composed of three judges, 
each of whom shall try causes separatel3^ and 
aU, or a majority of whom, shall constitute 
a court in bank,' to decide questions of law, 
and to correct errors occurring in trials: and^ 
from and after that day, there shall not be 
in said county any other court of record 
having ci^il jurisdiction, except a court of 
probate and county court. The additional 
judges authorized by this section, shall be 
appointed by the Governor, ^vith the advice 
and consent of the Sen.ate, and shall hold 
their offices until the next general election of 
judges of the circuit courts, when the whole 
number of the judges of the said court shall 
be elected for the term of six years. The 
General Assembly shall have power to in- 
crease the number of the judges of said 
court, from time to time, as the publi* 
interest may require. 

Sec. 15. 'if there be a vacancy in the 
office of judge of any circuit, or if he he 
sick, absent, or from any cause unable to 
hold any term of court of any county of his 
circuit, 'such term of court may be 'held by 
a judge of anj other circuit, and at there- 
quest of the jud«-e of any circuit, unj term 
of court in this circuit nia}^ be held by the 
judge of any other circuit. 

Sec. 16. '^No person shall be elected or 
appointed a judge of the supreme court, nor 
of a circuit court, bc^fore he shall have at- 
tained to the age of thirty years. 

Sec. 17. Any judge of the supreme court, 
or the circuit court^ maj^ be removed from 
office on the address of two-thirds of each 
house of the General Assembly to the Gov- 
ernor for that purpose; but each house shall 
state, on its respective journal, the cause for 
which it shall wish the removal of such judge, 
and give him notice thereof; and he shall 
have the right to be heard in his defense, 
in such manner as the General Assembly 
shall b}" law direct, but no judge shall be 
removed in this manner for any cause for 
which he might have been impeached. 

Sec . 18 . The judges of the supreme court, 
and the judges of the circuit courts shall, at 
at stated times, receive a compensation for 
their services, to be fixed by law. 

Sec. 19. The circuit court shall exercise 
a superintending control over all such in- 
ferior tribunals as the General Assembly may 
establish, and over justices of the peace in 
each county hi their 'respective circuits. 

•Sec. 20. There shall be clerks of the 
couits created or directed by this Constitu- 
tion, v.dio shall be elected \>y the qualified 
voters of the respective counties, in such 
manner, and hold their offices for such time, 
and be rewarded in such manner, as the 
General Assembly shall hj law provide. 

Sec. 21. Inferior tribunals shall be estab- 
lished in each count}' for the transaction of 
all county business . 

Sec. 22. There shall be established in each 
county a probate court, which shall be a 
court "^ of record, open at all times, and 
holden by one judge, elected by the voters 



137 



of the county, who shall hold his office for 

the term of years, and shall receive such 

compensation, payable out of the county 
treasury, or fees, or both, as shall be pro- 
wled by law. 

Sec: 23. The probate court shall have 
jurisdiction in probate and testamentai-y 
matters; the appointment of administrators 
and guardians; the o-ranting- letters testa- 
mentary and of administration ; the settle- 
ment of the accounts of executors, adminis- 
trators and guardians; and such jurisdiction 
in habeas corjjus, and for the sale of land by 
executors, administrators and guardians, 
and such other jurisdiction, in any county or 
counties, as may be provided by law. 

Sec. 24. In each county there shall be 
appointed, or elected, as many justices of 
the peace as the public good may be thought 
to require. Their powers and duties, and 
their duration in office, shall be regulated by 
law. 

Sec. 25. All writs and process shall run, 
and all prosecutions shall be conducted, in 
the name of the "State of Missouri;" all 
writs shall be tested bj^ the clerk of the court 
from which they shall be issued; and all 
indictments shall conclude, "against the 
peace and dignity of the State. ' ' 

Mr. Drake oiFered the following additional 
rule: 

No member shall vote in any case where 
he was not within the bar of the Convention 
when the question was put. And when any 
member shall ask leave to vote, the President 
shall propound to him the question , ' ' Were 
you within the bar when your name was 
called?" 

On which Mr. Drake demanded the ayes 
and noes, and the vote being taken, stood as 
follows : 

Ayes — Messrs. Barr, Bonham, Bunce. 
Childress, Cowden, Davis of Nodaway, 
Dodson, Drake, Ellis, Folmsbee, Fulker- 
son, Gamble, Henderson, Holcomb, Holds- 
worth, Holland, Hume, King, Leonard, 
McKernan, McPherson, Meyer, Newgent, 
Mxdorf, Peck, Eankin, Smith of Mercer, 
Sutton, Swearingen, Switzler, Williams of 
Caldwell, Williams of Scotland, and Mr. 
President— 33. 

Noes — Messrs. Bush, Clover, Davis of 
New Madrid, D'Oench, Fletcher, Foster, 
Gilbert of Lawrence, Gilstrap, Linton, Mack, 
Martin, Owens, Rohrer, St. Gem, Strong, 
and Thilenius — 16. 

Absent with Leave— Messrs. Adams, 
Bedford, Esther, Evans, Gilbert of Platte, 
Grammer, Green. Ilusmann, Morton, Smith 
of Worth, and Wcatherby— 11. 

Absent without Leave — Messrs. Budd, 
Fillev, and Hughes— 3. 

Sick— Mr. Mitchell— 1. 

So the additional rule was adopted. 

On request of Mr. Gilstrap, leave of 
absence was granted to Mr. Hughes until 
Monday next. 



On request of Mr. Gilstrap, leave of 
absence was granted him until Monday next. 

The article on Executive Power, as reported 
back from the Committee of the Whole, 
was taken up, and the Convention proceeded 
to act on the amendments reported by the 
Committee of the Whole. 

The following amendment to section five 
was read and agreed to : 

Amend section five by striking out the 
words ' 'and navy. ' ' 

The following amendment to section six 
was agreed to : 

The Governor shall have the power to 
grant reprieves, commutations, and pardons, 
after conviction, for all offenses except 
treason and cases of impeachment, upon such 
conditions, and with such restrictions and 
limitations, as he may think proper, subject 
to such regulation as may be provided by law, 
relative to the manner of applying for par- 
dons. He shall, at each session of the 
General Assembly, communicate to that body 
each case of reprieve, commutation or pardon 
granted; stating the name of the convict, 
the crime of which he was convicted, the 
sentence and its date, the date of the com- 
mutation, pardon or reprieve, and the 
reasons for granting the same. 

The following amendment to section seven 
was agreed to : 

Amend section seven by striking out all 
after the word "proclamation," and in- 
serting, in lieu thereof, the words: "where- 
in he shall state specifically each matter con- 
cernino- which the action of that body is 
deemed necessary ; and the General Assem- 
bly shall have no power, when so convened, 
to act upon any matter not so stated in the 
proclamation . ' ' 

The following substitute for sections feur- 
teen and fifteen was agreed to : 

Amend by striking out sections fourteen 
and fifteen, and inserting, in lieu thereof, 
the following : 

When the office of Governor shall be- 
come vacant, by death, resignation, re- 
moval from the State, removal from office, 
refusal to qualify, or otherwise, the Lieu- 
tenant Governor shall perform tlie dutios, 
possess the poM'ers, and receive the com- 
pensation of the Governor during the 
remainder of the term for which the Gov- 
ernor was elected. When the Governor is 
absent from the State, or is unable, fi-om 
sickness to perform his dutic^s. or is under 
impeachment, the Lieutenant Governor sliall 
perform said duties, possess said powers, 
and receive said compensation initil the Gov- 
ernor return to the State, be enabled to 
resume his duties, or be acquitted. If there 
be no IJeutenant Governor, or if he be ab- 
sent from the Stiite, disabled by sickness, or 



138 



under impeachment, the president of the 
Seimte pro tempore, ^ or, in case of like absence 
or disabilit}" on his part, or of there being- 
no president of the Senate pro temjoore, the 
Speaker of the House of Representatives 
shall assume the office of Grovernor, in the 
same manner, and with the same powers 
and compensation, as are prescribed in the 
case of the office devolving on the Lieuten- 
ant Governor. 

The following additional section was 
agreed to : 

Amend by adding the following section : 
Section — . The appointment of all offi- 
cers, not otherwise directed hy this Constitu- 
tion, shall be made in such manner as may 
be prescribed by law. 

Ml'. Drake offered the following amend- 
ment, which was adopted : 

Amend the title by striking out the letters 
'*IY," and also by striking out the words 
"of the executive ' power, " and inserting, 
in lieu thereof, the words "executive de- 
partment. ' ' 

jMi-. Holland offered the follo^ving amend- 
ment: 

Amend second section, first line, by 
striking out the words "white male." 

Mr. GiLSTRAP offered the following reso- 
lution : 

Resolved, That the fifteen-minute rule, ap- 
plicable to debate, be suspended during the 
debate upon the amendment to strike out 
the word "white." 

Pending which, Mr. Williams of Cald- 
well offered the following substitute: 

Resolved, That the rule of the Convention 
allowing only fifteen minutes as the time for 
eacl\ speaker, be amended by striking out 
' 'fifteen, ' ' and inserting ' 'ten minutes' ' in 
lieu thereof. 

Which substitute was declared out of 
order . 

The question then being on the resolution 
as offered by Mr. Gilstrap, Mr. Barr de- 
manded the ayes and noes thereon, and the 
vote being taken, stood as follows: 

Ayes — Messrs. Clover, Dodson, Fletcher, 
Gamble, Gilstraj), Henderson, Linton, and 
Switzler— 8. 

jSToes — Messrs. Barr, Bonham, Bunce, 
Bush, Childress, Cowden, Davis of Xew 
Madrid, Davis of Nodaway, D'Oench, El- 
lis, Foster, Fulkerson, Gilbert of Law- 
rence, Holcomb, Holds worth, Holland, 
Hume, King, Leonard, McKernan, Mc- 
Pherson, Mack, Martin, Meyer, Newgent, 
Nixdorf, Owens, Peck, Eankin, Rohrer, 
St. Gem, Strong, Sutton, Swearino^en, 
Thilenius, Williams of Caldwell. Williams 
of Scotland, and Mr. President— 38 . 



Absent with Leave — Messrs. Adams, 
Bedford, Esther, Evans, Gilbert of Platte, 
Grammer, Green, Hughes, Husmann, Mor- 
ton, Smith of Worth, and Weatherby — 12. 

Absent without Leave — Messrs. Budd, 
FOley, Folmsbee, and Smith of Mercer — 4. 

Sick — Messrs. Drake and Mitchell — 2. 

So the resolution was rejected. 
Mr. Foster offered the following resolu- 
tion: 

Resolved, That the Committee on Accounts 
be and are hereby instructed to audit and 
pay the accounts of the Secretary, for copy- 
ing the journal for printing, up to March 1, 
1885. 

On motion of Mr. Williams of Caldwell, 
the resolution was adopted. 

On motion of Mr. Thilenius, the Con- 
vention adjourned until half past 2 o'clock 
P. M. 



AFTEENOOX SESSION. 

Convention met pursuant to adjournment, 
the President in the chair . 

The amendment to section twentj^^-foiu- of 
the article on the Executive Department, 
offered by Mr. Holland, was called up. 

After debate, Mr. Gilbert of Lawrence 
moved to adjourn, which motion was tem- 
porarily withdrawn, to allow Mr. Owens to 
introduce the follo^\ing proposed amend- 
ments to the Constitution, winch were read 
the first time : 

The people of the State of Missouri, in 
Convention assembled, do hereby adopt the 
follo-\^ing as amendments to the Constitution : 

Section. 1. That in this State there shall 
be neither slavery nor involuntary servitude, 
except in punishment of crime, whereof the 
l^arty shall have been duly convicted; and 
all persons held to service or labor as slaves 
are hereby declared free. 

Sec. 2." The General Assembly shall im- 
mediately provide by law for a complete and 
uniform registration, by election districts, of 
the names of all the qualified voters in this 
State. 

Sec. 3. The General Assembly shall pro- 
vide b}^ law for taking the qualified votes of 
soldiers in the army of the United States, or 
in the militia force of this State, ^^dthout 
registration, who may be absent from their 
places of residence by reason of being in said 
service . On the day fixed for such election , 
or at any time within twenty days next pi-ior 
thereto, and for the due return and counting 
of such votes, every such person shall take 
the same oath that all other voters may be 
required to take, in order to vote. 

Sec. 4. No person shall vote at any elec- 
tion to be hereafter held in this State ,' under 



139 



or in pursuance of the Constitution and laws 
thereof, whether State, county, township, 
or municipal, who shall not, in addition to 
passessing the qualilications prescribed for 
electors, previously take an oath in the 
terms prescribed in the next succeeding- sec- 
tion, until the General Assembly shall estab- 
lish a complete and uniform system of regis- 
tration. Said oath shall be taken before the 
judges of election. After such system of 
reo-istration shall have been established , the 
said oath shall be taken and subscribed by 
the voter at each time of his registration. 
Any person declining to take said oath shall 
nof be allowed to vote or to be registered as 

a qualified voter: '^I, , do solemnly 

swear ( or aliirm, as the case may be ) that I 
will support, protect, and defend the Consti- 
tution of the United States, and the Consti- 
tution of the State of Missouri, against all 
enemies and opposers, whether domestic or 
foreign ; that I will bear true faith , loyalty 
and allegiance to the United States, and will 
not, directly or indirectly, give aid and com- 
fort, or countenance, to the enemies or 
opposers thereof, or of the government of 
the State of Missouri, any ordinance, law or 
resolution of any State Convention or Legis- 
lature, or of any order or organization, 
secret or otherwise, to the contrary notwith- 
standing; and that I do this with a full and 
honest determination, pledge and purpose, 
taithfuily to keep and perform the same, 
without any mental reservation or evasion 
whatever. And I do further solemnly swear 
(or aflirm) that I have not, since the 17th 
day of December, 1861, been in armed hos- 
tility to the United States, or to the lawful 
authorities thereof, or to the government of 
this State; or given aid, comfort, coun- 
tenance, or support to persons eno-aged in 
such hostility ; or in any manner adhered to 
the enemies, foreign or domestic, of the 
United States, eitlier by willingly contribut- 
ing to them or by unlawfully sending within 
their lines money, goods, letters or infor- 
mation; or disloyally held communication 
with such enemies; or by open act or word 
declared my adherence to the cause of such 
enemies, or my desire for their triumph over 
the arms of the United States; or, except 
under overpowering compulsion, submitted 
to the authority, or been in the service of the 
so-called Confederate States of America; or 
left this State and gone within the lines of the 
armies of the so-called Confederate States of 
America, with the purpose of adhering to 
said States or armies ; or been a member of, 
or connected with, any order, society, or 
organization, having for its object to aid or 
encourage . rebellion against the United 
States, or to promote the dissolution of the 
union thereof, or to oppose, by any unlaw- 
ful means, the laws or authority thereof, or 
the laws, ordinances, or authority of this 
States; or been engaged in guerrilla warfare 
against loyal inhabitants of the United States, 
or in that description of marauding com- 
monly known as bushwhacking; or know- 
ingly and willfully hai'bored, aided, or 



countenanced any person so engaged; or 
left this State for the purpose of avoiding 
enrollment for a draft into the military ser- 
vice of the United States; or, in order to 
escape the performance of duty in the militia 
of this State, enrolled myself, or caused 
myself to be enrolled as a disloyal Southern 
sympathizer; or having ever voted at any 
election held by the people of this State, or in 
any other of the United States or territories ; 
or held office in this State, or in any other 
of the United States or territories', have 
thereafter sought, or received, under claim 
of alienage, the protection of any foreign 
government, in order to secure exemption 
from military duty in the militia of this 
State, or in the army of the United States. ' ' 
Sec. 5. Before any person shall be elected 
or appointed to any civil or military office 
within this State, under the Constitution 
and the laws thereof, whether State, county, 
township, or otherwise, he shall take and 
subscribe an oath, in form as follows: 
"I, A. B., do solemnly swear (or affirm) that 
I will support, protect, and defend the Con- 
stitution of the United States and the Con- 
stitution of the State of Missouri against all 
enemies and opposers, whether domestic or 
foreign; that I will bear true faith, loyalty 
and allegiance to the United States, and will 
not, directly or indirectly, give aid and 
comfort or countenance to the enemies or 
opposers thereof, or of the government of 
the State of Missouri, any ordinance, law or 
resolution of any State convention or legis- 
lature, or of any order or organization, 
secret or otherwise, to the contrary not- 
withstanding; and that I do this with a full 
and honest determination, pledge, and pur- 
pose, faithfully to keep and perform the 
same without any mental reservation or 
evasion whatever. And I do further 
solemnly swear (or affirm) that I have not at 
any time been in armed hostility to the 
United States, or to the lawful authorities 
thereof, or to the government of this State ; 
or given aid, comfort, countenance, or sup- 
port to persons engaged in such hostility, or 
in any manner adhered to the enemies, 
foreign or domestic, of the United States, 
either bj'' willinglj^ contributing to them or by 
unlawfully sendino- within their lines money, 
goods, letters, or information; or dislo3'ariy 
held communication with such enemies, or 
by open act or word declared my adherence 
to the cause of such enemies, or my desire 
tor their triumph over the arms of the United 
States; or, except under overpowering com- 
pulsion, submitted to the authority or been 
in the service of the so-called Confederare 
States of America; or left this State and 
gone within the lines of the armies of the 
so-called Confederate States of America, 
Avith the purpose of adhering to said States 
or armies; or being a member of, or con- 
nected with, any order, society, or organi- 
zation having for its object to aid or encour- 
age rebellion" against the United States, or to 
pVomote the dissolution ot the iniiou thereof; 
or to oppose, by any unlawful nuwns, the 



140 



laws or authority thereof, or the laws, ordi- 
nances or authority of this State; or been 
eng-aged in guerrilla warfare against loyal 
inhabitants of the United States ; or in that 
description of marauding commonly known 
as bushwhacking, or knowingly harbored, 
aided, or countenanced any person so en- 
gaged; or left this State for the purpose of 
avoiding enrollment for a draft into the 
military ser\ice of the United States, or in 
order to escape the performance of duty in 
the militia of this State, enrolled myself or 
caused myself to be enrolled as a disloyal 
Southern sympathizer; or having ever voted | 
at any election held by the people in this j 
State or in any other of the United States, ] 
or held office in this State or in any other of 
the United States, have tliereafter sought or 
received, under claim of alienage the protec- 
tion of any foreign government, through 
any consul or other officer thereof, in order 
to secure exemption from military dutj" in 
the militia of this State or in the army of '^ the 
United States ; ' - which oath shall be filed in 
the office of the Secretary of State by all 
candidates for State offices, and by candi- 
dates for all county and other offices, in the 
office of the clerk of the county court (or 
other officer charged with equivalent duties) 
in the counties wherein tliey respectively 
reside, at least five days before the day of 
election ; and no vote shall be cast up for , or 
certificate of election grauted to, any candi- 
date who fail- to file such oath. 

Sec. 6. Any person who shall falsely 
take, or, having taken, shall thereupon will- 
fully violate any oath prescribed by these 
amendments to the Constitution shall, upon 
conviction thereof, by any court of compe- 
tent jurisdiction, be adjudged guilty of the 
crime of perjury, and shall be punished 
therefor in accordance with existing laws. 
Within sixty days after the adoption of these 
amendments to the Constitution, every per- 
son in this State, holding any office of lionor, 
trust, or profit, under the Constitution and 
laws thereof, or under anj^ municipal cor- 
poration; and every officer, councilman, 
director, trustee, or other manager of anj^ 
corporation, public or private, and every 
person acting as a professor or teacher in 
any educational institution, incorporated by 
or under any law in this State; and every 
teacher of any common or other school 
which is sustained, in whole or in part, by 
funds provided by law; every attorney at 
law, every licensee! or ordained minister of 
the gospel, before performing the marriage 
ceremony in this State, shall take and sub- 
sci-ibe the oath prescribed for civil and mili- 
tary officers in section five. 

Sec . 7 . Anj- officer or person referred to 
in section — , who shall fail to comply wdth 
the requirements thereof, shall be liable to 
prosecution in any court of competent juris- 
diction in this State, by indictment, and, 
upon conviction, shall be punished for each 
offense by fine not less than one hundred, 
nor more than one thousand dollars. 

Sec. 8. The General Assembly shall have 



power, if a majority of all the members 
elected to both houses concur therein, to 
suspend or repeal any part of the fourth, 
fifth, sixth, and thirteenth sections of this 
article . 

Sec. 9. The General Assemblj^ shall have 
power to suspend, repeal, alter, or amend, 
any or all the ordinances adopted by the 
Missouri State Convention, elected on the 
18th day of February. 1861. 

Sec. 10. Hereafter the supreme court of 
this State shall consist of five judges, any 
three of whom shall constitute a quorum to 
do business; and the said judges shall be 
conservators of the peace throughout the 
State . 

Sec. 11. The Governor of the State shall 
have power, and it shall be his duty, tx) 
appoint judges to fill any vacancies that may 
from any cause exist, and the judges so 
appointed shall hold their offices until the 
next general election forjudges. 

Sec. 12. The fourth section of the amend- 
ments to the Constitution is hereby' abolished. 

Sec. 13. In case of a contest arising in 
any election held under the Constitution or 
laws of this State, it shall be the duty of the 
contesting court to cast out and refuse to 
count the votes of an}- person or persons 
who are found to have falsely taken the oath 

prescribed in the section of these 

amendments. 

Mr. Drake objected to the second reading 
of the foregoing proposed amendments ; and 
the question thereupon being, "Shall the 
proposition be rejected?" jVIi'. Bonham 
demanded the ayes and noes thereon, which 
being taken, the vote stood as follows: 

Ayes — Messrs. Barr, Bonham, Cliil dress, 
Cowden, Davis of Nodaway. Dodson, Drake, 
Folmsbee, Fulkerson, Gamble, Gilbert of 
Lawrence. Henderson. Holdsworth, Hol- 
land, Hume, King, McKernan, McPherson, 
Mack. Xewgent, Xixdorf, Peck, Eankin, 
Smith of Mercer, Strong, Sutton, Swearin- 
gen. and Williams of Scotland — 28. 

XoES — Messrs. Bush, Davis of New 
Madrid, Fletcher, Holcomb, Linton, Mar- 
tin. Mej'er, Owens, Rohrer, St. Gem, 
Sv\itzler,' Thilenius, and Mr. President — 13. 

Absent with Leave — Messrs. Adams, 
Bedford. Clover, Esther, Evans, Gilbert of 
Platte. Gilstrap, Green, Grammer, Hughes, 
Husmann, Smith of Worth, and Weatherby 
—13. 

Absext wiTHorT Leave — Messrs. Budd, 
Bunce, D^Oench, Ellis. Filley, Foster, 
Leonard, Morton, and Williams of Cald- 
weU— 9. 

Sick— Mr. Mitchell— 1. 

So the proposition was rejected. 

On motion of Mr. Dkake, the Convention 
adjourned until half-past 9 o'clock to-morrow 
morning. 



141 



FIFTY-FIRST DA.Y. 



THURSDAY, March 9th, 1865. 



Convention met pursuant to adjournment, 
the President in tlie cliair. 

Prayer byEev. Dr. Schuyler. 

Mr. HOLDSWORTH presented a communica- 
tion from the Loyal League of Madison, 
Monroe county, Missouri, sustaining the 
action of the Convention; also, petitioning 
the Convention to vacate certain judicial 
offices ; which was read for information and 
laid on the table . 

On request of Mr . Martin, leave of absence 
for four days from to-morrow morning was 
panted to Mr. Gamble. 

The amendment of Mr. Holland to section 
second, of article on the Executive Depart- 
ment, was called up. 

Pending which, Mr. Husmaxn offered the 
following amendment to Mr. Holland's 
amendment : 

Strike out the word "resident," in the 
second line, and insert in lieu thereof the 
words ' ' qualified voter . ' ' 

Which amendment was accepted by Mr. 
Holland. 

After debate, the question then being on 
the adoption of the resolution offered by Mr. 
Holland, Mr. Switzler demanded the ayes 
and noes thereon, and the vote being taken, 
stood as follows : 

Ayes — Messrs. Budd, Bush, D'Oench, 
Drake, Ellis, Evans, Filley, Foster, Gilbert 
of Lawrence, Holcomb, Holland, Husmann, 
King, Linton, McKernan, McPherson, 
Meyer, Mxdorf, Owens, Rohrer, St. Gem, 
Thilenius, Williams of Caldwell, Williams 
of Scotland; and Mr. President — 25. 

Noes — Messrs. Bonham, Bunce, Childress, 
Clover, Cowden, Davis of Xew Madrid, 
Davis of Nodaway, Dodson, Fletcher, 
Folmsbee, Fulkersbn, Gamble, Henderson, 
Holds worth, Hume, Mack, Martin, New- 
t^ent, Peck, Rankin, Smith of Mercer, 
Strong, Sutton, Swearingen, and Switzler — 
25. 

Absent with Leave — Messrs. Adams, 
Bedford, Esther, Gilbert of Platte, Gilstrap, 
Grammer, Green, Hughes, Morton, Smith 
of Worth, and Weatherby— 11. 

Absent without Leave— Messrs. Barr 
and Leonard — 2. 

Sick— Mr. Mitchell— 1. 

So the amendment was rejected. 

Mr. Drake oftered the following amend- 
ment, which was adopted: 



Amend section two by striking out of the 
second line the word '-the," and inserting 
in lieu thereof the word "this," and by 
striking out the words "of Missouri. ' ' . 

Mr. Williams of Caldwell offered the 
following substitute to section three of article 
on Executive Department: 

The Governor shall hold his office two 
years, and until a successor be duly elected 
"and qualified. At the time and place of 
voting for members of the House of Repre- 
sentatives, the qualified voters shall vote for 
a Governor; and when two or more persons 
have an equal number of votes, and a higher 
number than any other person, the election 
shall be decided between them by a joint vote 
of both houses of the General Assembly, at 
their next session . The first election of a 
Governor- under this Constitution shall take 
place at the general eleciioti, in the year one 
thousand eight hundred and sixty-six. 

The question then being on the substi- 
tute offered by Mr. Williams of Caldwell, 
Mr. Drake demanded the ayes and noes 
thereon, and the vote being taken , stood as 
follows : 

Ayes — Messrs. Bonham, Drake, and Wil- 
liams of Cakhvell — 3. 

N o e s — Messrs . Barr, Budd, Bunce, 
Bush, Childress, Clover, Cowden, Davis of 
Nodaway, Dodson, D'Oench, EUis, Evans. 
Filley, Fletcher, Folmsbee, Foster, Fulk- 
ersoii, Gamble, Gilbert of Lawrence, Hen- 
derson, Holcomb, Holdsworth, Holland, 
Hume, Husmann, King, Linton, McKer- 
nan, McPherson, Mack, Martin, Meyer, 
Newgent, Nixdorf, Owens, Peck, Rankin, 
Rohrer, St. Gem, Strong, Sutton, Swearin- 
o-en, Thilenius, Williams of Scotland, and 
Mr. President^:5. 

Absent with Leave — 3Iessrs. Adams, 
Bedford, Esther, Gilbert of Platte, Gilstrap; 
Grammer, Green, Hughes, Morton, Smith 
of Worth, and Weatherby— 11 . 

Absent without Leave — Messrs. Davis 
of New Madrid, Leonard, Smith of Mercer, 
and Switzler — 1. 

Sick— Mr . IMi tchell— 1 . 

So the substitute was rejected. 

Mr. Drake offered the following amend- 
ment, which was adopted: 

Amend section ten by inserting, after the 
word "adjournment," the worcls '• of go- 
ing into joint session. ' ' 

Mr. Owens ottered the following amend- 
ment, which was rejected: 

Amend by striking out soctiou ten. 



142 



On motion of Mr. Bonham, the article on 
Executive Department was ordered to be 
engrossed for a third reading. 

On motion of Mr. Rohrer, the Convention 
adjourned until half-past t^vo o'clock P. M. 

AFTERNOON SESSION. 

Convention met pursuant to adjournment, 
the President in the chair. 

On request of Mr. Switzler, leave of ab- 
sence was granted him for six days. 

On motion of Mr. Boxham, the Conven- 
tion resolved itself into a Committee of the 
Whole, for the purpose of taking under con- 
sideration amendments to the Constitution. 
After some time spent therein, the President 
resumed the chair, and Mr. Martix reported 
that the Committee of the Whole had, ac- 
cording to order, had under consideration 
amendments to the Constitution, and par- 
ticularl}" the article on Legislative Depart- 
ment, and also the article on Impeachment, 
wiiich articles he had been instructed to re- 
port back to the Convention with amend- 
ments thereto. 

On motion of Mr. Drake, the article on 
Impeachment, with amendments thereto, 
as reported back from the Committee ol the 
Whole , was taken up . 

The following amendment, as reported 
back from the Committee of the Whole, to 
section lirst, was agreed to: 

Amend article on Impeachment by strik- 
ing out of first section, second line, the 
words "the courts," and insert the words 
' 'courts of record. ' ' 

The following amendment, as reported 
back, was agreed to: 

Amend section first by inserting the word 
"State" before the word "auditor," and 
before the word "treasurer. ' ' 



On motion of Mr. Owexs, the article on 
Impeachment was laid over temporarily. 

On motion of Mr. Drake, the article on 
Legislative Department, with the amend- 
ments thereto, as reported back from the 
Committee of the Whole, was taken up. 

The follo^ving amendment, as reported 
back from the Committee of the Whole, Avas 
agreed to : 

Sec. 2. The House of Representatives 
shall consist ot members to be chosen every 
second year by the qualified voters of the 
several counties, apportioned in the follow- 
ing manner, viz: The ratio of representa- 
tion shall be ascertained at each appor- 
tioniuo- session of the General Assembly, 
by dividing the whole number of iDermanent 
inhabitants of the State by the number two 
hundred. Each county lia^dng one ratio or 
less shall be entitled to one representative ; 
each county having three times said ratfb 
shall be entitled to two representatives; 
each county having six times said ratio shall 
be entitled' to three representatives; and so 
on, above that number, giAang one addi- 
tional member for every three additional 
ratios . 

The following amendment, as reported 
back from the Committee of the Whole, was 
read : 

Amend section two by adding thereto: 
When any county shall be entitled to more 
than one representative, the county court 
shall cause such county to be sub-divided 
into as many compact "^and coiwenient dis- 
tricts as such county may be entitled to 
representatives, which districts shall be, as 
near as may be, of equal population; and 
the qualified" voters of each of such districts 
shall elect one representative, who shall be a 
resident of such district. 

On motion of Mr. Williams of Caldwell, 
the Convention adjom-ned until to-morrow 
morning at half-past 9 o'clock. 



FIFTY-SECOND DA.Y. 



Convention met pm*suant to adjournment, 
the President in the chair . 

Prayer by Rev. Mr. Kendrick. 

Mr. Barr offered the following amend- 
ment to the twenty-fourth rule : 

Resolved, That the twenty-fourth standing 
rule be amended by striking out the word 



FRIDAY, March 10th, 1865. 

"two-thirds" and inserting in lieu thereof 
the words "a majority. ' ' 

Mr. Barr moved a suspension of the rules, 
to enable him to introduce his amendment to 
the twenty-fourth rule; on which Mr. 
HusMAXN demanded the ayes and noes, and 
the vote.being taken stood as foUows: 



143 



Ayes — Messrs. Barr, Bonham, Biidcl, 
Buiice, Busli, Childress, Cowden, Davis of 
Nodaway, Dodson, Drake, Evans, Folms- 
bee, Fulkerson, Gilbert of Lawrence, Hen- 
derson, Holdsworth, Holland, Hume, Kino-, 
Leonard, McKernan, McPherson, Mack, 
Newgeut, Peck, Rankin, Smith of Mercer, 
Strong, Sutton, Swearingen, Thilenius, 
Williams of Caldwell, and Williams of Scot- 
land— 33. 

Noes — Messrs. Davis of New Madrid , Gil- 
bert of Platte, Holcomb, Husmann, Martin, 
Nixdorf, Owens, Rohi-er, St. Gem, and Mr. 
President — 10 . 

Absent with Leave — Messrs. Adams, 
Bedford, Esther, Gamble, Gilstrap, Gram- 
mer. Green, Hughes, Morton, Smith of 
Worth, Switzler, and Weatherby— 12. 

Absent without Leave — Messrs, Clover, 
D'Oeuch, Ellis, Filley, Fletcher, Foster, 
Linton, and Martin — 8. 

Sick— Mr. Mitchell— 1. 

So the motion to suspend was agreed to. 

The question then being on the adop- 
tion of the amendment to the twenty-fourth 
rule, Mr. BoNHAii demanded the ayes and 
noes thereon, and the vote being taken, stood 
as follows : 

Ayes — Messrs. Barr, Bonham, Budd, 
Bunce, Childress, Clover, Cowden, Davis 
of Nodaway, Dodson, Drake, Evans, Fil- 
ley, Folmsbee, Fulkerson, Gilbert of Law- 
rence, Henderson, Holdsworth, Holland, 
Hume, King, Leonard, McPherson, Mack, 
Newgent, Peck, Eankin, Smith of Mercer, 
Strong, Sutton, Swearingen, Williams of 
Caldwell, and Williams of Scotland— 32. 

Noes— Messrs. Bush, Davis of New Ma- 
drid, D'Oench, Foster, Gilbert of Platte, 
Holcomb, Husmann, Linton, McKernan, 
Martin, Mej'-er, Nixdorf, Owens, Rohrer, 
St. Gem, Thilenius, and Mr. President— 17. 

Absent with Leave — Messrs. Adams, 
Bedford, Esther, Gamble, Gilstrap, Gram- 
mer. Green, Hughes, Morton, Smith of 
Worth, Switzler, and Weatherb}^- 12 . 

Absent without Leave — Messrs. Ellis 
and Fletcher— 2. 

Sick— Mr. Mitchell— 1. 

So the amendment to the twenty-fourth 
standing rule was adopted. 

Mr. Drake moved to reconsider the vote 
by which the following amendment to the 
article on Lnpeachment was adopted : 

Amend article on Impeachment by strik- 
ing out of section first, second line, the 
words "the courts," and insert the words 
"courts of record." 

Which motion was agreed to . 

Mr. Drake moved the rejection of the 
amendment, which motion was agreed to. 

Mr . Drake moved that the article on Im- 
peachment, as amended, be engrossed, pre- 



I)aratory to a third reading, which motion 
was agreed to. 

The pending amendment to the article on 
Legislative Department was taken up; and 
the question being on the rejection of the 
same, Mr. Owens demanded the ayes and 
noes thereon, and the vote being taken, stood 
as follows : 

Ayes — Messrs. Bush, D'Oench, Foster, 
Holcomb, Husmann, Linton, McKernan, 
Meyer, Newgent, Nixdorf, Owens, Rohrer, 
St." Gem, Swearingen, Thilenius, and Mr. 
President— 16. 

Noes — Messrs. Barr, Bonham, Budd, 
Bunce, Childress, Clover, Cowden, Davis of 
Nodaway, Dodson, Drake, Ellis, Evans, 
FiUey, Folmsbee, Fulkerson, Gilbert of 
Lawrence, Gilbert of Platte, Henderson, 
Holdsv/orth, Holland, Hume, King, Leon- 
ard, McPherson, Mack, Martin, Peck, Ran- 
kin, Smith of Mercer, Strong, Williams of 
Caldwell, and Williams of Scotland— 32. 

Absent with Leave — Messrs. Adams, 
Bedford, Esther, Gamble, Gilstrap, Gram- 
mer. Green, Hughes, Morton, Smith of 
Worth, Switzler, and Weatherby — 12. 

Absent without Leave — Messi's. Davis 
of Nev/ Madrid, Fletcher, and Sutton — 3. 

Sick— Mr . Mitchell— 1 . 

So the amendment was not rejected. 

Mr. Owens offered the following amend- 
ment to the pending amendment: 

Strike out the word ' 'one, ' ' and insert the 
word ' ' two . ' ' 

The question then being on the amend- 
ment of Mr. Owens, Mr. Bonham demanded 
the ayes and noes thereon; and the vote 
being taken, stood as follows: 

Ayes — Messrs. Bush, D'Oench, Foster, 
Gilbert of Platte, Henderson, Holland, Hus- 
mann, Linton, McKernan, Meyer, New- 
o-ent, Nixdorf, Owens, Rohrer,' St. Gem, 
Swearingen, Thilenius, and Mr. Presi- 
dent— 18. 

Noes — Messrs. Barr, Bonham, Budd, 
Childress, Clover, Cowden, Davis of Noda- 
way, Dodson, Drake, Folmsbee, Fulkerson, 
Gilbert of Lawrence, Holdsworth, Hume, 
King, McPherson, Mack, Peck, Rankin, 
Smith of Mercer, Strong, Sutton, and 
Williams of Scotland — 23. 

Absent with Leave — Messrs. Adams, 
Bedtord, Esther, Gamble, Gilstrap, Gram- 
mer. Green, Hughes, Martin, Morton, 
Smith of Worth," Switzler, and Weath- 
er bj^ — 13. 

Absent without Lkaa^e — Messrs. Bunce, 
Davis of New Madrid, Ellis, Evans, Filley, 
Fletcher, Holcomb, Leonard, and Williams 
of Caldwell— 9. 

Sick— :Mr. Mitchell- 1. 

So the amendment was rejected. 

The question then being on the adop- 
tion of the penduig amendment, Mr. Bon- 



144 



HAM demanded the ayes and noes thereon, 
and the vote being taken, stood as follows: 

Ayes — Messrs. Barr, Bonham, Budd, 
Bunce, Childress. Clover, Co\yden, Davis 
of oSTodaway, Dodson, Drake, Folmsbee, 
Fulkerson, Gilbert of Lawrence, Gilbert of 
Platte, Henderson, Holdsworth, Hume, 
Kino-, McPherson, Mack, Peck, Kankin, 
Smith of Mercer, Strong, Sutton, and Wil- 
liams of Scotland — 26. 

iS'OES — Messrs. Bnsh, D'Oench, Ellis, 
Foster, Holland, Husmann. Linton, Mc- 
Kernan, Meyer, Newgent, Nixdorf, Owens, 
Rohrer, St. '^ Gem, Swearingen, Thilenius, 
and Mr. President — 17. 

Absent with Leave — Messrs. Adams, 
Bedford, Esther, Gamble, Gilstrap, Gram- 
mer, Green, Hughes, Martin, Morton, 
Smith of Worth, Switzler, and Weatherby — 
13. 

Absent without Leave — Messrs Davis 
of New Madrid, Evans, Filley, Fletcher, 
Holcomb, Leonard, and Williams of Cald- 
well— 7. 

Sick— Mr . Mitchell— 1 . 

So the amendment was agreed to. 

On recxuest of Mr. Owens, leave of ab- 
sence was granted him for one week. 

On motion of Mr. Bush, the Convention 
adjourned until half-past 2 o'clock P. M. 



AFTERNOON SESSION. 

Convention met pm-suant to adjournment, 
the President in the chair. 

The article on Legislative Department, 
with pending amendments, as reported back 
from the Committee of the W^hole, was 
taken up. 

The following amendment to section third 
was read and agreed to : 

Strike out the v\"ord '-or, " in the seventh 
line, and insert the word "and." 

The following amendment to section third, 
in lines third and fourth, was read and 
agreed to : 

Strike out the word ' ' district, ' ' where it 
occurs therein, and insert in lieu thereof 
the word "county" in each i)lace; and 
strike out of line fifth the words " ' or coun- 
ties." 

The following amendment to section third, 
line sixth, was read and agreed to: 

Strike out the words "in the year of his 
election or the year next preceding. ' ' 

The follo'v\ing amendment to section 
fourth was read and agreed to : 

Strike out the word ' 'two, ' ' and insert in 
lieu thereof the word ' 'four. ' " 



The follomng amendment, by addition to 
section fifth, was read and agreed to: 

When any county shaU constitute a sena- 
torial district, and^shall be entitled to more 
than one Senator, the county court shall 
cause such county to be subdivided into as 
many compact and convenient districts as 
such countj^ may be entitled to Senators, 
which districts shall be. as near as maj^ be, 
of equal population, and the qualified voters 
of each of such districts shall elect one 
Senator, who shall be a resident of such 
district. 

The following amendment to section fifth 
was read and agreed to : 

Strike out the words "in the year of his 
election, or the year next preceding. ' ' 

The follo^dng amendment to section sixth, 
line sixth , was read and agreed to : 

Strike out the word ' "five, ' ' and insert in 
lieu thereof the word "six. " 

The following amendment to section sixth 
was read and agreed to : 

Strike out of lu-st hue the words "and 
Representatives," and by inserting in the 
second line the word "inhabitants; " and 
b}" sti-iking out of line second the word 
'Hhey, " and inserting in lieu thereof the 
words ' ' Senators and Representatives ; ' ' and 
by inserting in line third, before the word 
"apportionment," the words "rule of." 

The following amendment to section ninth 
was read and agreed to : 

At the regular session of the General 
Assembly chosen at said election, the 
Senators shaU be divided into two equal 
classes . Those elected from districts bearing 
odd numbers shall compose the first class, 
and those elected from districts bearing even 
numbers shall compose the second class. 
The seats of the first class shall be vacated 
at the end of the second year after the day 
ot said election, and those of the second 
class at the end of the fourth year after that 
da}% so that one-half of the Senators shall 
be chosen every second year. In districting 
any county for the election of Senators, the 
districts shall be numbered, so as to effect- 
uate the division of Senators into classes, 
as required in this section. 

The following amendment to section 
twelfth was read and agreed to : 

If any Senator or Representative remove 
his residence from the district or county for 
which he was elected, his oflice shall thereby 
be vacated. 

The following amendment to section six- 
teen was read and agreed to : 

By adding thereto, ' 'but no law increasing 
such compensation shall take effect in favor 
of the members of the General Assembly 
by which the same shall have been passed. 



145 



The following amendments to section six- 
teen were read and agreed to : 

Strike out the word "a,- in the second 
line, and insert the word ''such." Strike 
out the word • -which, ' ' in same line, and 
insert ''as." Strike out the words "in- 
creased or diminished,'' in same line, and 
insert the word* 'provided. ' ' 

The follo^^dng amendment to section 
twenty-four was read and agreed to : 

Insert in seventh lino, before the word 
' 'collection, ' ' the w^ords ' 'assessment or, ' ' 
and by Inserting in eighth line, before the 
word ' 'collector, ' ' the words ' 'assessor or. ' ' 

The following amendment to section 
twenty-four, line twelve, was read and 
agreed to: 

Strike out, after the word "provision," 
the following w^ords : ' • may at the time exist 
under any," and insert iii lieu thereof the 
folio wing"^ Vv'ords : ' ' can be made by ; " and 
strike out the word ' "and, * ' after the word 
"law," in twelfth line, and insert in lieu 
thereof the word "but. " 

The follo\^dng amendment to section 
twenty-live was read and agreed to: 

Strike out section twenty-iive to section 
thirty, inclusive. 

The following amendment was read : 

Amend by adding the following section , to 
come in after section thirty-tAVO : 

Sec. — . The General Assembly shall pass 
no la\A', nor make any appropriation, to 
compensate the former masters or claimants 
of slaves emancipated from servitude by the 
ordinance abolishing slavery in Missouri, 
adopted on the eleven tli day of January, one 
thousand eight hundred and sixty-live. 

Mr. Steong offered the following as a 
substitute for section — , to come in after 
section thirty-two, which w^as read and 
agreed to: 

The General Assembly shall liave no power 
to make compensation for emancipated slaves. 

The following amendment was read: 

Insert as a new section, between sections 
thirty-three and thirty-four, the following- 
words : The General Assembly sliall have no 
power to remove the county seat of any 
county, unless two-thirds of the qualitied 
voters of the countj', at a general election, 
shall vote in tjivor of such removal. No 
compensation or indemnity for real estate, or 
the improvements thereon, alfected by such 
removal, shall be allowed. 

Mr. Owens offered the following substitute 
therefor, wliich was disagreed to: 

The General Assembly shall liave no power 
to pass laws authorizing compensation or 



indemnity for real estate, or the improve- 
ments thereon, affected by the removal of 
any county seat . ' ' 

The question then being on the original 
amendment, it was agreed to. 

The following amendment was read and 
agreed to : 

Strike out the thirty-sixth section. 

The follovv'ing amendment v/as read as a 
new section: 

The General Assembly shall ha^e no power 
to establish any new countj'^ with a territory 
of less than five hundred square miles, or 
with a population less than the ratio of 
representation existing at the time; nor to 
reduce anj^ countj^ now established to less 
than that area, or to less population than 
such ratio. 

To which Mr. Williams of Caldw^ell 
offered the following amendment, wdiich w^as 
read and disagreed to : 

Strike out "five hundred" and insert 
' 'four hundred. ' ' 

The new section was then agreed to. 

The following amendment to section 
thirty-two, by adding thereto the following, 
w^as read : 

On the final reading of every bill, the 
question upon its passage shall be taken br 
ayes and noes, which shall be entered upon 
the journal of each house. 

To which Mr. Strong offered the follow- 
ing substitute : 

No bill shall be passed nnless by the assent 
of a majority of all the members elected to 
each branch of the General Assembly, and 
the question upon tlie final passage shall be 
taken immediately upon its last reading, and 
the ayes and noes entered upon the journal. 

The question being on adopting the 
substitute of Mr. Strong for the reported 
amendment, Mr. Drake demanded the ayes 
and noes thereon, and the vote being taken 
stood as follows : 

Ayes — Messrs. Bush, Cliildress, Clover. 
Cowden, D'Oench, Foster, Gilbert of Law- 
rence, Gilbert of Platte, Henderson, Hume,, 
Ilusmann, Linton. Mclvernan. Martin, 
Me.yer, Newgent, Nixdorf, Owens. Rohrer. 
St. Gem, Strong, Swearingen, Thilenius, 
and Mr. President— '24. 

Noes — IMessrs. Barr, Bonham. Davis ot 
Nodaway, Dodson, Drake, Evans, Folms- 
bee, Fulkerson, llolcombe, Holland, King, 
McPherson. jMack, Peck, Smith of Mercer, 
Sutton, and Williams of Scotland — 17. 

Absent with Leave — ^Messrs. Adams, 
Bedford, Esther, Gamble, Gilstrap. Gram- 
mer. Green. Hughes, ]Mortou, Smith ot 
Worth, Swit/ler, anil Woatherbv— I'J. 



146 



Absent without Leave — Messrs. Budd, 
Bunce, Davis of Xew Madrid, Ellis, Fillej^ 
Fletcher, Holdsworth, Leonard, and Ran- 
kin— 9. 

Excused from Voting — Mr. Williams of 
Caldwell— 1. 

Sick— Mr. MitclieU— 1. 

So the substitute to the amendment was 
adopted. 

The question then being on adopting the 
amendment, as amended by the substitute, 
it was adopted . 

Ml*. Drake offered the following amend- 
ment, which was adopted: 

Amend section tifth, sixth line, by striking- 
out the word '-or," and inserting in lieu 
thereof the word ' 'and. ' ' 

Ml*. Drake offered the follo^^ing amend- 
ment, w^hich was adopted: 



Amend section seventh by striking out of 
second line the word • 'such.^' ' and inserting 
in lieu thereof the word ' 'senatorial. ' ' 

Mr. BoxHAM offered the following amend- 
ment : 

Strike out section twelfth, as numbered in 
the original article on Legislative Depart- 
ment. 

Pending w^hich, Mr. Drake offered the 
following amendment, which was adopted: 

Amend section twenty-fourth by insert- 
ing, after the word "to-svn," in "^eleventh 
line, the words ' 'or exempting any property 
of any named person or corporation from 
taxation . ' ' 

On motion of Mr. Clover, the Conven- 
tion adjourned until half-past 9 o'clock to- 
morrow morning. 



FIFTY-THIRD D^Y. 



SATURDAY, March 11th, 1865. 



Convention met pursuant to adjournment, 
the President in the chair. 
Prayer by Rev. Dr. Eliot. 
Mr. Mack offered the following resolution : 

Resolved, That the thirteenth rule of this 
Convention, as amended on the 13th of Feb- 
ruary, 18G5, be amended by strikino^ out the 
word "fifteen," and inserting m place 
thereof the word ' ' ten . ' ' 

Mr. Mack moved the suspension of the 
rules, so as to enable him to introduce his 
amendment now. 



On which, Mr 



demanded the ayes 



and noes, and the vote being taken, stood 
as follows : 

Ayes — Messrs. Barr, Bonham, Budd, 
Bunce, Childress, Clover, Cowden, Davis of 
Nodaway, Dodson, D'Oench, Ellis, Folms- 
bee, Foster, Fulkerson. Gilbert of Law- 
rence, Henderson, Holds worth, Holland, 
Hume, Krn^, McKernan, McPherson, Mack, 
NcAvgent, ]Sixdorf, Peck. Rankin, Strong, 
Sutton, Swearingeu, Williams of Caldwell, 
and Williams of Scotland — 32. 

Noes— Messrs. Fletcher, Gilbert of Platte , 
Holcomb, Husmann, Leonard, Linton, Mar- 
tin, Meyer, Owens, Rohrer, St. Gem, Thi- 
lenius, and Mr. President — 13. 

Absent with Leave — ^l^Iessrs. Adams, 
Bedford, Esther, Gamble, Gilstrap, Gram- 
mer. Green, Hughes, Morton, Smith of 
Worth, S^vitzler, and Weatherby — 12.. 



absent without Leav^e — Messrs. Bush. 
Davis of New Madrid, and Evans — 3. 

Sick — Messrs. Drake, Filley, Mitchell, 
and Smith of Mercer — 4. 

So the motion was agreed to. 

The question then being on the adoption of 
the amendment to the amendment of the 
thirteenth rule, the ayes and noes were de- 
manded thereon, and the vote being taken, 
stood as follows : 

Ayes — Messrs. Barr, Bonham, Budd. 
Bunce, Childress, Cowden, Davis of Noda- 
way, Dodson, D'Oench, Ellis, Fletcher, 
Folmsbee, Foster, Fulkerson, Gilbert of 
Law^-ence^ Henderson, Holds worth, Hol- 
land, Hume, King, Leonard. McKernan. 
McPherson. Mack, Newgent, Nixdoii- 
Owens, Peck, Rankin. Rohrer. St. Gem. 
Strong, Sutton, Swearingen, Williams of 
Caldwell, Williams of Scotland, and Mr. 
President — 37 . 

Noes — Messrs. Clover, Gilbert of Platte, 
Holcomb, Husmann, Linton, Martin, Meyer, 
and Thilenius — 8. 

Absent with Leave — Messrs. Adams. 
Bedford, Esther, Gamble, Gilstrap, Gram- 
mer, Green, Hughes. Morton, Smith of 
Worth, Switzler, and Weatherby — 12. 

Absent without Leave — Messrs. Bush, 
Davis of New Madrid, and Evans — 3. 

Sick — Messrs. Drake, Filley, Mitchell. 
and Smith of Mercer — 4. 

So the amendment to the amendment was 
adopted. 



147 



Mr. Newgent offered a communication 
from the John Brown Council (Loyal League), 
dated Kansas City, Missouri, March 3, 1865, 
sustaining him in his course taken relative 
to deposing certain judical officers, which 
was read for information and laid on the 
table. 

By request of Mr. Bark, leave of absence 
was granted to Mr. Peck for four days. 

By request of Mr. Owens, leave of ab- 
sence was granted to Mr. Davis of New 
Madrid for nine days. 

The pending amendment to the article on 
Legislative Department, offered by Mr. Bon- 
ham, was taken up, and the question being 
on the adoption of the same, Mr. Bonham 
demanded the ayes and noes thereon, and 
the vote being taken, stood as follows: 

Ayes — Messrs. Barr, Bonham, Budd, 
Childress, Davis of Nodaway, Dodson, Ellis, 
Evans, Folmsbee, Foster, Fulkerson, Gil- 
bert of Lawrence, Henderson, Holcomb, 
Holds worth, Holland, Hume, King. Mc- 
Pherson, Mack, Meyer, Newgent, Peck, 
Rankin, Smith of Mercer, Strong, Sutton, 
Swearingen, Williams of Caldwell, and 
Williams of Scotland— 30. 

Noes — Messrs. Bunce, Bush, Clover, 
Cowden, D'Oench, Fletcher, Gilbert of 
Platte. Husmann, Leonard, Linton, McKer- 
nan, Martin, Nixdorf, Owens, Rohrer, St. 
Gem, Thilenius, and Mr. President — 18. 

Absent with Leave — Messrs. Adams, 
Bedford, Davis of New Madrid, Esther, 
Gamble, Gilstrap, Grammer, Green, Hughes, 
Morton, Smith of Worth, Switzler, and 
Weatherby— 13. 

Sick — Messrs. Drake, Filley, and Mitchell 

— o . 



So the amendment was adopted. 
Mr . Husmann offered the following amend- 
ment : 

Amend sections three and five, second 
line, by striking out the words "white 
male," and striking out, in third line, the 
words "an inhabitant," and inserting, m 
lieu thereof, the words ' 'a qualified voter." 

Mr. Fletcher moved that the Con- 
vention adjourn until half-past 9 o'clock 
Monday morning, oh which motion Mr. 
demanded the ayes and noes, and the 



vote being taken, stood as follows: 

Ayes — Messrs. Barr, Bonham, Budd, 
Bunce, Childress, Clover, Cowden, Davis 
of Nodaway, Dodson, Ellis, Evans, Fletch- 
er, Folmsbee, Gilbert of Platte, Holcomb, 
Holdsworth, Hume, Leonard, McPherson, 
Mack, Martin, Newgent, Owens, Peck, 
Rohrer, Smith of Mercer, Strong, Suttor., 
and Swearingen — 29. 

Noes — Messrs. Bush, D'Oench, Fulker- 
son, Gilbert of Lawrence, Holland, Hus- 
mann, King, Linton, McKernan, Meyer, 
Nixdorf, St. Gem, Thilenius, Williams of 
Caldwell, Williams of Scotland, and Mr. 
President — 16. 

Absent with Leave — Messrs. Adams, 
Bedford, Esther, Gamble, Gilstrap, Gram- 
mer, Green, Hughes, Morton, Smith of 
Worth, Switzler, Weatherby, and Davis of 
New Madrid— 13. 

Absent without Leave — Messrs. Foster, 
Henderson and Rankin — 3. 

Sick — Messrs. Drake, Filley, and Mitch- 
ell— 3. 

So the motion to adjourn w\as agreed to, 
and the Convention adjourned until Monday 
morning next at half-past nine o'clock. 



FIFTY-FOURTH DA.Y. 



Convention met pursuant to adjournment, 
the President in the chair. 

Mr. Holcomb asked and obtained leave of 
absence for Mr. Leonard for one week. 

Mr. Bonham offered the following resolu- 
tion: 

Resolved, That no person shall be permitted 
to debate or explain his vote, on the call for 
the ayes and noes, after the roll has com- 
menced being called. 

Mr. Strong offered as a substitute therefor 
the following : 



MONDAY, March 13th, 1865. 

Resolved, That no person shall be permitted 
to debate the question on the call of the aye^i 
and noes, or to occupy more than two 
minutes in explaining his vote. 

After debate, the resolution and substitute 
were withdrawn. 

The pending amendment to the article on 
the Legislative Department, offered by Mr. 
Husmann, was called up; the amendment 
being divided, the question was on the 
following: 



148 



Amend section three, second line, by 
striking- out the words ' 'white male. ' ' 

On which Mr. Boxham demanded the ayes 
and noes, and the vote being taken, stood as 
folloY/s : - 

Ayes — Messrs. Budd, D'Oench, Drake, 
Ellis, Evans, Foster, Gilbert of Lawrence, 
Holcomb. Holland, Husmann, King, Linton^ 
Meyer, Xixdorf, Kohrer, St. Gem, Strong, 
Thilenius, Williams o± Caldwell, Wilhams 
of Scotland, and Mr. President — 21. 

'Nobs — Messrs. Barr, Bonham, Bnnce, 
Childi'ess, Cowden, Davis of Nodaway, 
Folmsbee, Fnlkerson, Gilbert of Platt'e, 
Henderson, Holdsworth, Hume, McKernan, j 
McPherson, Mack, Martin, ]!^ewgent, Ran- 
kin, Smith of Mercer, Sutton, and Sweariu- 
gen — 21 . 

Absent with Leave— Messrs. Adams, 
Bedford, Davis of New Madrid, Esther, 
Gamble, Gilstrap, Grammer, Green. Hughes, 
Leonard, Morton, Owens, Peck, Smith of 
Worth, Switzler, and Weatherby — 16. 

xiBSENT WITHOUT Leaye — 3Iessrs . Bush, 
Clover, Dodson, Filley, and Fletcher — 5. 

Sick— Mr. Mitchell— 1. 

So the amendment was rejected. 

The question then being on stilking out 
the word ' 'white, ' ' in s*econd line of section 
fifth, Ml". Steong demanded the ayes and 
noes, and the vote being taken, stood as 
follows : 

Ayes — Messrs. Budd, Bush, D'Oench, 
Drake, Ellis, Evans, Filley, Foster, Gilbert 
of Lawrence, Holcomb, Holland, Husmann, 
King, Linton, Meyer. Nixdorf, Rohrer, St. 
Gem, Thilenius, Williams of Caldwell, Wil- 
liams of Scotland, and Mr. President — 22. 

Noes — Messrs. Barr, Bonham, Bunce, 
Childress, Cowden, Da^is of Nodaway, 
Dodson, Folmsbee, Fnlkerson, Gilbert ^of 
Platte, Henderson, Holdsworth, Hume, 
McKernan, McPherson, Mack, Martin, 
NcAvgent, Rankin, Smith of Mercer, Strong, 
Sutton, and Swearingen — 23. 

Absent with Le'ave — Messrs. Adams, 
Bedford. Davis of New Madrid, Esther, 
Gamble, Gilstrap, Grammer, Green, Hughes, 
Leonard, Morton, Owens, Peck, Smith of 
Worth, Switzler, and Weatherby — 16. 

Absent without Leave — Messrs. Clover 
and Fletcher. 

Sick— Mr . Mitchell— 1 . 

So the amendment was rejected. 

The cjuestion then being on the last por- 
tion of the amendment offered by Mr. Hus- 
mann, viz: 

Strike out of section third, in third line, 
and section fifth, in second Ime, the words 
"an inhabitant," and insert in lieu thereof 
the vfords ' 'a qualified voter, ' ' 

Mr. Bonham demanded the ayes and noes 
thereon, which being taken, the vote stood 
as follows : 



Ayes— Messrs. Barr, Bonham, Budd, 
Bush, Childress, Davis of Nodaway, D Oench, 
Drake, Ellis, Evans, Filley, Foster, Fnlker- 
son, Gilbert of Lawrence ,"^ Holcomb, Holds- 
v\^orth, Holland, Hume, Husmann, King, 
Linton. McKernan. McPherson, Mack, New- 
o-ent, Nixdorf, Rohrer, St. Gem, Strong, 
fBwearingen, Thilenius, Williams of Cald- 
well, an'd Mr. President— 38. 

Noes — Messrs. Bunce, Cowden, Dodson, 
Folmsbee, Gilbert of Platte, Henderson, 
Martin, Rankin, Smith of Mercer, Sutton, 
and Williams of Scotland — 11. 

Absent with Leave — Messrs. Adams, 
Bedford, Davis of New Madrid, Esther, 
Gamble, Gilstrap, Grammer, Green Hughes, 
Leonard, Morton, Owens, Peck. Smith oi 
Worth, Switzler, and Weatherby— 16. 

Absent without Leave — Messrs. Clover, 
Fletcher, and Mever — 3. 

Sick— Mr. Mitchell— 1. 

So the amendment was adopted . 
Mr. Drake offered the following amend- 
ment, which was adopted: 

Amend section third, third line, by insert- 
in o', after the word "and," the words ''an 
inhabitant. ' ' 

Mr. Drake offered the following amend- 
ment, which was adopted: 

Amend section fifth, in third line, by in- 
serting, after the word "and," the words 
' ' an inhabitant . ' ' 

Mr. Bonham offered the following amend- 
ment: 

Amend section fom-th, second line, by 
striking out the word ' 'four, ' ' and inserting 
the word ' 'two. ' ' 

On this amendment Mr. Bush demanded 
the ayes and noes, which being taken, the 
vote stood as follows : 

Ayes — Messrs. Bonham, Budd, Childress 
Da\is of Nodawav, Holdsworth, Hume, 
McPherson, Mack', Williams of CaldweU, 
and Williams of Scotland — 10. 

Noes— Messrs. Barr, Bunce, Bush, Cow- 
den, Dodson, D'Oench, Drake, Ellis, Ev- 
ans, Fillej', Foster, Fnlkerson, Gilbert of 
Lawrence ,"^ Gilbert of Platte, Henderson, 
Holcomb, Holland, Husmann, King, Lin- 
ton, McKernan, Martin. Nev»'gent, ^iixdorf, 
Rankin. Rohrer, St. Gem, Smith of Mercer, 
Strong, Sutton. Swearingen, Thilenius, and 
Mr. President— 33. 

Absent with Leave — Messrs. Adams, 
Bedford, Davis of New Madrid, Esther, 
Gamble, Gilstrap, Grammer, Green, 
Hughes, Leonard, Morton, Owens, Peck, 
Smith of Worth, Switzler, and Weatherby 
—16. 

Absent without leav^e — Messrs. Clover, 
Fletcher, Folmsbee. and Mever — 4. 

Sick— Mr. Mitchell— 1. 

So the amendment was rejected. 



149 



Mr. Strong offered the following as a new 
section : 

lnsei*t as a new section between sections 
hventy-fovu'tli and twenty -fifth: JSTo prop- 
erty, real or personal, shall be exempt from 
taxation, except such as is used exclnsively 
for public schools, and such as may belong 
to the United States, to the State of Missouri, 
to counties, or to municipal corporations 
within this State . 

Mr. BuDD moved to amend Mr. Strong's 
proposition, by adding thereto the follow- 
ing: 

Provided, personal property belonging to 
non-residents, shall not be taxed for State, 
county, or municipal pm-poses. 

Mr. Llnton offered the following amend- 
ment to the amendment: 

Provided , this section shall not be so con- 
strued as to tax orphan asylums or grave- 
yards. 

The question then being on the amend- 
ment to the amendment, offered by Mr. 
Linton, it was disagreed to. 

The question then being on the amend- 
ment offered by Mr. Budd, it was disagreed 
to. 

The question then being on the addi- 
tional section to the article on Legislative 
Department, as offered by Mr. Strong, 
Mr. BoNHAM demanded the ayes and noes 
thereon, and the vote being taken, stood as 
follows : 

Ayes — Messrs. Barr, Bonham, Budd, 
Bunce, Bush. Childress, Clover, Cowden, 
Davis of Nodaway, Dodson, D'Oench, 
Drake, Evans, Filley, Folmsbee, Fulkerson, 
Henderson. Holcomb, Holdsworth, Hume, 
King, McPherson, Mack, Meyer, Nixdorf, 
Eankin, Smith of Mercer, Strong, Thile- 
nius, Williams of Caldwell, Williams of 
Scotland, and Mr. President — 32. 

Noes — Messrs. Foster, Gilbert of Law- 
rence, Gilbert of Platte. Holland, Linton, 
McKernan, Martin, Newgent, Sutton, and 
S wearingen — 10 . 

Absent with Leave — Messrs. Adams, 
Bedford, Davis of New Madrid, Esther, 
Gamble, Gilstrap, Grammer, Green, 
Hughes, Leonard, Morton, Owens, Peck, 
Smith of Worth, Switzler, and Weatherby 
—16. 

Absent without Leave— Messrs. Ellis, 
Fletcher, Husmann, Eohrer, and St. Gem 
— 5. 

Sick— Mr. Mitchell— 1. 

So the section was adopted. 

On motion of Mr. , the Convention 

adjourned until half-past 2 o'clock P. M. 



AFTERNOON SESSION. 

Convention met i)ursuant to adjournment, 
the President in the chair. 

On request of Mr. Bush, leave of absence 
was granted Mr. Husmann for this after- 
noon . 

Mr. Drake moved to reconsider the vote 
adopting the amendment to the fifth section, 
striking out of the second line the words 
"an inhabitant," and inserting, in lieu 
thereof, the words ' 'a qualified voter, ' ' and 
striking out of the third line the word 
''four," and inserting, in lieu thereof, the 
word • 'two;' ' which motion was agreed to. 

Mr. Drake offered the following amend- 
ment to the said amendment, which was 
read and adopted: 

Amend the amendment by striking out the 
Vv'ord ' 'two, ' ' and inserting, in lieu thereof, 
the word ' ' three . ' ' 

The amendment, as amended, was then 
adopted. 

Mr. Bonham offered the following amend- 
ment : 

Amend section three by strikino" out, in 
lines six and seven, all after the word 
' ' taken . ' ' 

Which amendment was disagreed to . 
Mr. Budd offered the following, as an ad- 
ditional section : 

Municipal corporations chartered by this 
State may have power to open streets or 
alleys, within any part of their corporate 
limits, provided they pay the value of prop- 
erty taken for such purpose. 

Which was disagreed to . 

On motion of Mr. Drake, the article on 
Legislative Department was ordered to be 
engrossed for a third reading. 

On motion of Mr. Bush, the article on 
Banks and Corporations was taken up. 

Mr. Strong moved that the article on 
Banks and Corporations be referred to the 
Committeeof the Whole; on which Mr. Wil- 
liams of Caldwell demanded the ayes and 
noes, and the vote being taken, stood as 
follows : 

Ayes — Messrs. Dodson. Evans, Folmsbee, 
Gilbert of Lawrence, Gilbert of Platte, lleu- 
dersoTi, Hume, King, McPherson, Strono-, 
and Mr. President— 11. 

Noes — jMessrs. Barr, Bonham. Budd, 
Bnnce, Bush, Childress. Davis of Nodaway, 
D'Oench, Drake. Foster. Fulkerson. llol- 
cond). Holdsworth. Holland. Linton, ^Ic- 
Kernan, Mack, Martin, Clever, Newiivnt, 



150 



l^ixdorf, Eankiii, Sutton, Swearingen, Thi- 
ienius, Williams of Caldwell, and Williams 
of Scotland— 27. 

Absent with Leave — Messrs. Adams, 
Bedford, Da^is of iSTew Madrid, Esther, 
Gamble, Gilstrap, Grammer, Green, Hughes, 
Husmann, Leonard, Morton, Owens, Peek, 
Smith of Worth. S^\itzler and Weatherby 
—17. 

Absent without Leave — Messrs Clover, 
Cowden, Ellis, Filley. Fletcher, Rohrer, St. 
Gem, and Smith of Mercer — 8. 

Sick— Mr. Mitchell— 1. 

So the Convention refused to refer the ar- 
ticle to the Committee of the Whole. 

Mr. Drake offered the following as a sub- 
stitute for section one of article on Banks 
and Corporations: 

Strike out section first, and insert, in lieu 
thereof, the following: 

The General Assembly shall not pass any 
law incorporating, or authorizing the incor- 
poration of any" bank, with authority to 
issue notes, bills, or other paper, or circu- 
lating medium, or reneA\iiig, or extending 
the charter of any such bank heretofore es- 
tablished, beyond the period now fixed by 
law for its termination, or relieving any 
such bank from any penalty or forfeiture it 
may have incurred, or may hereafter incur. 

Which was disagreed to, 
Mr. Drake offered the following amend- 
ment: 

Amend by adding the following section : 
Sec. — . Xo law shall be passed reviving 
or re-enacting any act heretofore passed 
creating any private corporation , where such 
corporation shall not have been organized 
and commenced the transaction of its busi- 
ness within one year from the time such act 
took effect, or -within such other time as may 
have been prescribed in such act for such 
organization and commencement of business. 

Which was adopted. 

Mr . Holland offered the following amend- 
ment: 

Amend section first by inserting, in fifth 
line, after the word "rnoney," tne w^ords 
*'or with the privilege of discounting any 



bond, note, bill, or check; or of receiving or 
disbursing deposits ; or of buying or selling 
exchange. ' ' 

Which was disagreed to. 

Mr. Drake moved to strike out section 
second, which was agreed to. 

Mr. Drake offered the following amend- 
ment, w^hich was adopted: 

Amend section fifth, first line, by striking 
out the words '-incorporated district," and 
inserting in lieu thereof the w^ord ' 'town. ' ' 

Mr. Drake offered the following amend- 
ment : 

Strike out section eighth, and insert in lieu 
thereof the following: Dues from private 
corporations shall be secured by such indi- 
vidual liabilities and other means as may be 
prescribed by law; but in all cases each 
stockholder shall be liable, over and above 
the stock by him or her o-s\Tied, and any 
amount unpaid thereon, in a further sum at 
least equal in amount to such stock. 

Pending which, Mr. Strong offered the 
following amendment to the amendment of 
^Lr. Drake: 

Amend by striking out the Avords "indi- 
vidual liabilities and other. ' ' 

Pending which, Mr. Strong offered the 
foUomng amendment: 

Amend by striking out section ninth of 
article on Banks and Corporations. 

Which was agreed to. 
Mr. Drake offered the follo\\ing amend- 
ment, which was adopted: 

Amend section first by striking out all 
after the word ' 'money, ' ' in fourth line. 

Mr. Drake oflered the following amend- 
ment, which was adopted: 

Amend section fifth, third line, bj^ striking 
out the word ' 'party, ' ' and inserting in lieu 
thereof the word ' 'person. ' ' 

On motion of Mr. Smith of Mercer, the 
Convention adjourned until half-past 9 
o'clock to-morrow morning. 



151 



FIFTY-FIFTH D_A.Y. 



TUESDAY, March 14tli, 1865. 



Convention met pursuant to adjournment, 
tlie President in the chair. 

Prayer by Rev. Mr. Cole. 

A communication from the Union League 
ofAppleton, Cape Girardeau county, asldng 
tlie Convention to prohibit disloyal attorneys 
from practicing in the courts, was read for 
information, and laid on the table. 

The article on Banks and Corporations was 
then taken up, and the question being on the 
following pending amendment to the amend- 
ment otfered by Mr. Strong, to-A\dt: 

Strike out, after the word "such," the 
words "individual liabihties and other," 

The same was adopted . 
The question then recurred on the amend- 
ment as amended, to -wit: 

Strike out section eight, and insert in lieu 
thereof the following: Dues from private 
corporations shall be'secured by such means 
as may be prescribed by law ; but in all cases 
stockholders shall be individually liable, over 
and above the stock by him or her owned, 
and any amount unpaid thereon, in a further 
sum, at least equal in amount to such stock. 

On which question, Mr. Drake demanded 
the ayes and noes, which being taken, the 
vote stood as follows : 

Ayes — Messrs. Barr, Bonham, Bunce, 
Childress, Cowden, Dodson, Drake, Ellis, 
Evans, Fletcher, Folmsbee, Fulkerson, 
Gilbert of Lawi-ence, Gilbert of Platte, 
Henderson, Holcomb, Holdsworth, Hughes, 
Hume, King, McKernan, McPherson, Mack, 
Newgent, Eankin, Smith of Mercer, Strono-, 
Sutton, Swearingen, and Williams of Cald- 
well— 30. 

Noes — Messrs. Budd, Bush, Davis of 
Nodaway, D'Oench, Foster, Holland, Hus- 
mann, Linton, Martin, Nixdorf, liohrer, 
St. Gem, and Mr. President — 13. 

Absent with Leave — Messrs. Adams, 
Bedford, Davis of New Madrid, Esther, 
Gamble, Gilstrap, Grammer, Green, Leon- 
ard, Morton, Owens, Peck, Smith of Worth, 
Switzler, and Weatherby— 15. 

Absent without Leave — Messrs. Clover, 
Filley, Meyer, Tliilenius, and Williams of 
Scotland— 5\ 

Sick— Mr. Mitchell— 1. 

So the amendment was adopted. 

Mr. Kuekel offered the following amend- 
ment : 



Amend fourth section by inserting after 
the word "corporation," in second line, 
' ' except such as have heretofore obtained a 

loan of credit, and not exceeding millions 

of dollars. 

Which, after debate, was withdrawn. 

Mr. Budd offered the following amend- 
ment : 

Amend section four, second line, by 
adding, after the word "loaned," the 
words ' 'directly or indirectly. ' ' 

Which was disagreed to . 

Mr. Bush offered the following amend- 
ment: 

Amend by adding to section four the words 
"except for the purpose of securing or 
converting loans heretofore extended to 
certain railroad corporations by this State. ' ' 

Pending which, Mr. Drake offered the 
following amendment : 

Strike out section four, and insert in lieu 
thereof the following: The credit of this 
State shall never be given or loaned to any 
person, association or corporation ; nor shall 
the State ever subscribe for stock in any 
corporation. 

The question then being on the amend- 
ment offered by Mr. Bush, Mr. St. Gem 
demanded the ayes and noes thereon ; and 
the vote being taken, stood as follows: 

Ayes- Messrs. Bush, D'Oench, Filley, 
Gilbert of Platte, Holland, Husmann, King, 
Linton, and Mr. President — 9. 

Noes— Messrs. Barr, Bonham, Budd, 
Bunce, Childress, Clover, Cowden. Davis 
of Nodaway, Dodson, Drake, Ellis, Evans, 
Folmsbee, Fulkerson, Gilbert of Lawrence, 
Henderson, Holcomb, Holds worth. Hughes, 
Hume, McKernan, McPherson, Mack^ 
Martin, Newgent, Nixdorf, Rankin, Rolirer, 
St. Gem, Smith of Mercer, Strong, Sutton, 
Swearingen, Tliilenius, Williams of Cald- 
well — 35 . 

Absent with Leave — Messrs. Adams, 
Bedford, Davis of New Madrid, Esther, 
Gamble, Gilsti-ap, Grammer, Green, Leon- 
ard, Morton, Owens. Peek, Smith of Worth, 
Switzler, and Weatherby— 15. 

A B 8 e n t w I T II out Leave — Messrs . 
Fletcher, Foster, Meyer, and Williams of 
Scotland — 1. 

Sick— Mr. Mitchell— 1. 
So the amendment was not agreed to. 
Mr. Drake then withdrew his amendment. 
Mr. Drake offered the following amend- 
ment: 



152 



Amend section four by striking out the 
words ' 'the State shall not hereafter become 
a stockholder in any bank, nor shall, ' ' and 
by striking out the word ' 'ever, ' ' in second 
liiie, and iiisei'ting in lieu thereof the words 
"shall not." 

Which was adopted. 

Mr. BoNHAM offered the following as an 
additional section : 

The General Assembly shall have no 
power, for anj^ purpose whatever, to release 
the lien held by the State upon any railroad. 

On motion of Mr. Drake, leave of absence 
Avas granted the Secretary" for the remainder 
©f the week . 

On motion of Mr. Gilbert of Lawrence, 
the Convention adjoiuiied until half-past two 
o'clock, P.M. 



AFTEENOON SESSION. 

Convention met iDursuant to adjournment, 
the President In the chair. 

Mr. Meyer offered the following resolu- 
tion, which was adopted: 

Resolved, That the Committee on Accounts 
are authorized to audit and pay such claims 
as the funds in their hands will admit of. 

Mr. Meyer, Chan-man of the Committee 
on Accounts, presented the following bill for 
incidental expenses : 

1865. 
Jan. 25, For express charges, Statutes of Mo...$ 13 75 

Feb. 1. For telegram to Auditor of state 2 00 

" 10. '< " " " " 58 

" 10. For revenue stamps 12 00 

" 10. For Sergeant-at-arms, trip to Boone. 50 00 
" 10 For telegram received from E. H. E. 

Jamesor, 1 30 

Feb. 11. For postage stamps refunded to Sec'y. 2 00 

Mar. 6. For Webster's Dictionary 15 00 

" 9. For telegraph charges refunded to the 

President 21 CO 

Jan. 18. To postage stamps furnished to Con- 
vention 340 00 

" 31. To postage stamps furnisbed to Con- 
vention 290 00 

Mar. 7. For advertisement in iViSSOttniladicttZ 4 10 
Jan. 20. For nifssenger for carrying Ordinance 

of Emancipation to Jetterson City... 60 00 
Mar. 12. For statiouerv, to C. G-. Thalmann 

6c Co 44 55 

$846 55 

On motion of Mr. Williaisis of Caldwell, 
the above account was allowed . 

The pendhig additional section on Banks 
and Corporations, offered by Mr. Bonham, 
was called up , 

Pending which , Mr. Strong was appointed 
to fill the place of Mr. Budd on the Commit- 
tee on Engrossing. 

The question being on the adoption of the 
additional section offered by ]\Ii*. Bonham to 



the article on Banks and Corporations, Mr. 
Bonham demanded the ayes and noes there- 
on, and the vote being taken, stood as fol- 
lows : 

Ayes — Messrs. Barr, Bonham, Budd, 
Bunce, Childress, Cowden, Davis of Xoda- 
way, Dodson, Drake, Evans, Folmsbeee, 
Euikerson, Henderson. Holcomb, Holds- 
worth. Hume, Linton, McKernan, McPher- 
son. Mack. Xewgent, Nixdorf, St. Gem, 
Smith of Mercer ,"Strong. Sutton. Swearin- 
gen, Williams of Cakhvell, and Williams of 
Scotland— 29. 

Noes — Messrs. Bush, D'Oench, Fletcher, 
Foster, Gilbert of Lawrence. Gilbert of 
Platte, Holland, Hughes, Husmann, King, 
Martin, Eankiu, Thueuius, and Mr. Presi- 
dent — 14. 

Absent with Leave — Messrs. Adams, 
Bedford, Davis of New Madrid, Esther, 
Gamble, Gilstrap. Grammer, Green, Leon- 
ard, Morton, 0^yens, Peck, Smith of Worth, 
Switzler, and A\ eatherby — 15. 

Absent without Leave — Messrs. Clover, 
Ellis, Fillev, Mever, and Ptohrer— 15. 

Sick— Mr . Mitchell— 1 . 

So the additional section was adopted . 

Mr. Krekel bfiered the following amend- 
ment : 

Amend by adding to section four the 
words "except for the purpose of securing 
loans heretofore extended to certain railroad 
corporations by this State. ' ' 

On this amendment Mr. Bonham demanded 
the ayes and noes, and the vote being taken, 
stood as follows : 

Ayes — Messrs. Barr, Bush, Childress, 
D'Oench, Evans, Fletcher, Foster, Gilbert 
of Lawrence, Gilbert of Platte, Holland, 
Hughes, Hume. Husmann, King, McKer- 
nan, Mack, Martin, Xixdorf, Eankin. Thi- 
lenius, Williams of Caldwell, and Mr. Presi- 
dent — 22. 

Noes — Messrs. Bonham, Budd, Clover, 
Cowden, Davis of Nodaway. Dodson, Drake, 
Folmsbee, Fulkerson, Henderson. Holcomb, 
Holdsworth, Linton, McPherson, Newgent, 
St. Gem, Strong, Sutton, Swearingen, and 
Williams of Scotland— 20. 

Absent with Leave — ^Messrs. Adams, 
Bedford, Davis of Now Madrid, Esther, 
Gamble, Gilstrap, Grammer, Green, Leon- 
ard. Morton, Owens, Peck, Smith of Worth, 
Switzler, and Weatherby— 15. 

Absent without Leave — Messrs. Bunce, 
Ellis, Filley, Meyer, Eohrer, and Smith of 
Mercer — 6 . " 

Sick— 3sli-. Mitchell— 1. 

So the amendment was adopted. 
Mr. DRAKe offered the follo^nng as a sub- 
stitute for section five : 

Strike out section five, and insert, in lieu 
thereof, the following: The General As- 
sembly shall not authorize any countj^, city, 



153 



or town to iDccome a stockli older in, or to 
loan its credit to, anj company, association, 
or corporation. 

Mr. BoNHAM offered the following amend- 
ment to the amendment of Mr. Drake: 

Amend the amendment hj adding thereto 
the following words: Unless two -thirds of 
the quahtiecl voters of such county , city, or 
town, at a regular or special election to be 
held therein, shall assent thereto. 

Which was agreed to. 

The cinestion then being on the adoption 
of the substitute, as amended, Mr. Box- 
ham demanded the ayes and noes, and the 
vote being taken , stood as follows : 

Ayes — Messrs. Barr, Bonham, Bunco, 
Childress, Cowden, Dodson, Drake, Ful- 
kerson, Henderson, Iloldsworth, Holland, 
Hume, King, Linton, McKernan, McPher- 
sou. Mack,' Xevv^gent, Mxdorf, St. Gem, 
Strong, Sutton, Swearingen, Williams of 
Caldwell, and Mr. President: — 25. 

Noes— Messrs. Bush, Clover, Davis of 
Xodaway, D'Oench, Evans, Fohnsbee, Fos- 
ter, Gilbert of Lawrence, Gilbert of Platte, 
Holcomb, Husmann, Eohrer, Thilenius, 
and Williams of Scotland — 14. 

Absent with Leave — Messrs. Adams, 
Bedford, Davis of New Madrid, Esther, 
Gamble, Gilstrap, Grammer, Green, Leon- 
ard, Morton, Owens, Peck, Smith of Worth, 
Switzlei', and Weatherby — 15. 

Absent WITHOUT Leave — Messrs. Budd, 



EUis, Filley, Fletcher, Hughes, Martin, 
Mover, Pankin, and Smith of 'Mercer — 9. 

Sick— Mr. Mitchell— 1. 

So the substitute was adopted. 

Mr. Clover moved that the Convention 
adjourn. 

On this motion , Mr. D'Oench demanded 
the ayes and noes, and the vote being taken, 
stood as follows : 

Ayes— Messrs. Barr, Bonham, Bunco, 
Childress, Clover, Cowden, Davis of Noda- 
way, Dodson, Ellis, Folrasbee. Foster, 
Fulkerson, Gilbert of Lawrence, Gilbert of 
Platte, Henderson, Holcomb, Holdsworth, 
Hume, Husmann, McKernan, Mack, Nix- 
dorf, Eankin, Eohrer, St. Gem, Strong, 
Sutton, and Thilenius — 28. 

Noes— Messrs. Bush, D'Oench, Drake, 
Evans, Holland, King, Linton, McPbei'Son, 
Newgent, Swearingen, Williams of Cald- 
well, Williams of Scotland, and Mr. Presi- 
dent— 13. 

Absent with Leave — Messrs. Adams, 
Bedford, Davis of Nev/ Madrid, Esther, 
Gamble, Gilstrap, Grammer, Green, Leon- 
ard, Morton, Owens, Peck, Smith of Vforth, 
Switzler, and Weatherby — 15. 

Absent without Leave — Messrs. Budd, 
Filley, Fletcher, Hughes, Martin, Meyer, 
and Smith of Mercer— 7. 

Sick— Mr . MitcheU— 1 . 

So the motion to adjourn was agreed 
to, and the Convention adjourned until 
to-morrow morning at half-past 9 o'clock. 



FIFTY-SIXTH DA.Y. 



Convention met pursuant to adjournment, 
the President in the chair. 

On motion oi Mr. St. Gem, the ordinance 
providing for the vacating of certain civil 
offices in the State, which was postponed 
until to-day, was laid over, and made the 
special order for to-morrow morning at 10 
o'clock. 

On motion of Mr. Bush, the article on 
Banks and Corporations Avas taken up. 

Mr. Deake offered the following amend- 
ment, which was adopted: 

AuKuid section third by striking out of 
first line the words "it shall hv the duty 
of, ' ' and by inserting, after the word 
"Assembly," in the line first, the Mord 
"shall-," "by striking out of line second the 
word "to,'"' before the word " enact ^" by 



WEDNESDAY, March 15th, 1865. 

striking out of line thii'd the words ' 'further 
to, " and inserting in lieu thereof the words 
"shall also;" and by striking out of line 
third the word "the," before the word 
"State," and inserting in lieu thereof the 
word "this;" and by "striking out of line 
fourth the words "of Missouri." where 
they first occur therein. 

Mr. Kkekel offered the following amend- 
ment: 

Amend section fifth, as amended, by 
striking out the words "two-thirds.'" and 
inserting in lieu thereof * 'a nnijority . 

The question then being on the adoption 
of this amendment, Mr. Boniia.ai demanded 
the ayes and noes thereon, and the vote 
being taken, stood as follows: 

AYES~]N[essrs. Davis of Ncnlaway. D'Oench. 
Folmsbee, Foster, Fulkerson,' Gilberi of 



154 



Lawrence, Gilbert of Platte, Holcomb, 
Hughes, Husmann, King, Morton, Newgent, 
Nixdorf, Thilenius, and Mr. President — 16. 

Noes — Messrs. Barr, Bonliam, Childress, 
Clover, Cowden, Dodson, Drake, Ellis, 
Fletcher, Henderson, Holdsworth, Holland, 
Hume, Linton, McPherson, Mack, Rankin, 
Rohrer, St. Gem, Smith of Mercer, Strong, 
Sutton, Swearingen, Williams of Caldwell, 
and Williams of Scotland — 25. 

Absent with Leave — Messrs. Adams, 
Bedford, Davis of New Madrid, Esther, 
Green, Leonard, Owens, Peck, and Switzler 
—9. 

Absent WITHOUT Leave — ^IVIessrs. Budd, 
Bunce, Bush, Filley, Gamble, Gilstrap, 
Grammer, McKernan, Martin, Mack, Smith 
of Worth, and Weatherby— 12. 

Sick — Messrs. Evans aiid Mitchell — 2. 

So the amendment was not agreed to. 
Mr. D'Oench offered the following as an 
additional section: 

Sec. — . The General Assembly shall not 
change, alter or amend the charters of 
incorporated cities and towns, unless such 
changes, alterations or amendments are 
requested by a majority of the qualified voters 
of such cities or towns . ' ' 

The question then being on the adoption 
of this additional section, Mr. Drake 
demanded the ayes and noes thereon, and 
the vote being taken , stood as follows : 

Ayes — Messrs. Bush, Childress, Clover. 
D'Oench, Foster, Gamble, Gilbert of Law- 
rence, Hoi comb, Husmann. Linton, Maciv, 
Martin, Morton, Rankin, Rohrer, Strong, 
Thilenius, and Mr. President— IS. 

Noes — Messrs. Barr, Bonham, Budd, 
Bunce, Cowden, Davis of Nodaway, Dodson, 
Drake, Evans, Fletcher, Fulkers'on, Gilbert 
of Platte, Henderson, Holland, Hume, 
Kin^-, McKernan, McPherson, New^ent, 
Nixdorf, Sutton, SAvearingen, and Williams 
of Scotland— 23. 

Absent with Leave — Messrs. Adams, 
Bedford, Davis of Ne^v Madrid, Esther, 
Green, Leonard, Owens, Peck, and Switzler 
—9. 

Absent without Leave — Messrs. Ellis, 
Filley, Folmsbee, Gilstrap, Grammer, 
Holdsworth, Hughes, Meyer, St. Gem. 
Smith of Mercer, Smith of Worth, Weath- 
erby, and Williams of Caldwell — 13. 

Sick— Mr. MtcheU— 1. 

So the section was not agreed to . 
Mr . Bush offered the following as a substi- 
tute for section fifth, as amended: 

The General Assembty shall provide for 
the organization of cities and incorporated 
towns, and shall restrict their power of 
taxation, assessment, borrowing money, 
and loaning their credit, so as to prevent 
abuses in assessments and in contracting 
debt, by such municipal corporations. 



Mr. Drake demanded the ayes and noes 
on this substitute, and the vote being taken, 
stood as follows : 

Ayes— Messrs. Bush, Evans, Gilbert of 
Lawrence, Linton, Martin, Morton, New- 
gent, and Mr. President^ — 8. 

Noes — Messrs. Barr, Bonham, Budd, 
Bunce, Clover, Cowden, Da^is of Nodaway, 
Dodson, D'Oench, Drake, Fletcher, Fulker- 
son. Gamble, Gilbert of Platte, Henderson, 
Holcomb, Holland, Hume, Husmann, King, 
McKernan, McPherson, Mack, Nixdorf, 
Rohrer, Strong, Sutton, Swearingen. and 
Williams of Scotland— 29. 

Absent with Leave — Messrs. Adams, 
Bedford, Davis of New^ Madrid, Esther, 
Green, Leonard, Owens, Peck, and Switz- 
ler— 9. 

Absent w^ithout Leave — Messrs. Chil- 
dress, Ellis, Filley, Folmsbee, Foster, Gil- 
strap, Grammer, Holdsw^orth, Hughes, 
Mever, Rankin, St. Gem, Smith of Mercer, 
Smith of Worth, Thilenius, Weatherby, 
and Williams of Caldwell— 17. 

Sick— Mr. Mtchell— 1 . 

So the substitute w^as not agreed to. 

On motion of Mr. Drake, the article on 
Banks and Corporations w^as ordered to be 
engrossed for a third reading. 

On motion of Mr. Bonham, the Conven- 
tion adjourned until half-i^ast tw^o o'clock, 
P. M. 



AFTERNOON SESSION. 

Convention met pursuant to adjournment, 
the President in the chair. 

Mr. Williams of Cakhvell asked and 
obtained leave of absence for Mr. St. Gem, 
for this afternoon . 

On motion of Mr. Bonham, the article on 
the Judicial Department w^as taken up. 

Mr. D'Oench offered the following amend- 
ment thereto: 

Amend section seven, first line, by striking 
out ' 'eight' ' and inserting "six. " 

Which was disagreed to . 

]Mr. Drake offered the following, as an 
additional section, to follow section eleven : 

Section — . The State, except the county 
of St. Louis, shall be divided into four dis- 
tricts, each of which shall embrace at least 
three judicial circuits, and in each of w^hich 
districts a court shall be held at such times 
as may be provided hj laws to be know^n as 
the district court. Each district court shall 
be held by the judges of the circuit courts of 
the circuits emlDraced in the district in which 
such court shall be held, a majority of whom 
shall be a quorum . The district courts shall, 
within then* respective districts, have like 



155 



original jurisdiction with the supreme court, 
and appellate jurisdiction from all final 
judgments of the circuit courts within the 
district; and, after the establishment of such 
district courts, no appeal or writ of error 
shall lie from any circuit court to the 
supreme court, but shall be prosecuted to 
the district court, from which an appeal or 
writ of error may be taken to the supreme 
court. 

Mr. BoNHAM offered the following amend- 
ment: 

Amend section thirteen, in line one, by 
adding after the word ^'circuits" the fol- 
lowing: "Not to exceed sixteen until the 
year 1880, when the General Assembly may 
increase the number. ' ' 

Mr. Mack moved to amend the amend- 
ment of Mr. Bonham, as follows: 

Strike out "sixteen" and insert ' 'fifteen," 
also strike out "1880" and insert "1875." 

Which w^as disagreed to . 

The question then being on the pending 
amendment offered by Mr. Bonham, Mr. \ 
HusMANN demanded the ayes and noes | 
thereon, and the vote being taken, stood as 
follows : 

Ayes — Messrs. Davis of I^^odaway, Drake, 
Evans, Fulkerson, Gamble. Gilbert of Law- ! 
rence, Holdswortli, Hughes, McPherson, \ 
Mack, Eankin, Strong, and Williams of 
Scotland— 13. 

Noes — Messrs. Bush, Clover, Cowden, 
Godson, D'Oench, Gilbert of Platte, Hol- 
land. Husmann, King, Linton, McKernan, 
Martin, Morton Newgent, Nixdorf, Rohrer, 
Smith of Mercer, Sutton, Swearingen, Thi- 
lenius, and Mr. President — 21. 



Absent with T>eave — Messrs. Adams, 
Bedford, Davis of New Madrid, Esther, 
Green, Leonard, Owens, Peck, St. Gem, 
and Switzler — 10. 

Absent without Leave — Messrs. Barr, 
Bonham. Budd, Bunce, Childress, Ellis, 
Fille}^ Fletcher, Folmsbee, Foster, Gil- 
strap, Grammer, Holcomb, Hume, Meyer, 
Smith of Worth, Weatherby, and Williams oi 
Caldwell— 18. 

Sick— Messrs. Henderson and Mitchell — 2* 

So the amendment was not agreed to. 

On motion of Mr. Husmann, a call of the 
house was ordered, and the following mem- 
bers answered to their names: 

Messrs. Barr, Bunce, Bush, Childress- 
Clover, Cowden, Davis of Nodaway, Dod, 
son, D'Oench, Drake, Evans, Fletcher- 
Folmsbee. Foster, Fulkerson, Gamble, Gil, 
bert of Lawrence, Gilbert of Platte, Holds- 
worth, Holland, Hughes, Husmann, King' 
Linton, McKernan, McPherson, Mack, Mar, 
tin, Meyer, Morton, Newgent, Nixdorf, 
Eankin.' Eohrer, Smith of Mercer, Strong, 
Sutton, Swearingen, Thilenius, Williams of 
Scotland, and Mi*. President — 11. 

Absent with Leave — Messrs. Adams, 
Bedford. Davis of New Madrid. Esther, 
Green, Leonard, Owens, Peck, Switzler, 
and St. Gem— 10. 

Absent without Leave- -Messrs. Bon- 
ham, Budd, Ellis, Filley, Gilstrap, Gram- 
mer, Holcomb, Hume, Smith of Worth, 
Weatherby, and Williams of Caldwell— 11. 

Sick — Messrs. Henderson and Mitchell— 2. 

On motion of Mr. Barr, further proceed- 
ings under the call were dispensed with. 

On motion of Mr. Strong, the Convention 
adjourned until half-past 9 o'clock to-mor- 
row morninsf. 



FIFTY-SEV"ENTK[ 13 ^Y. 



THUESDAY, March 16th, 1865, 



Convention met pursuant to adjournment, 
the President in the chair. 

Prayer by Eev. Dr. Nelson. 

Mr. Husmann asked to be excused from 
further service on the Committee on En- 
grossed Bills. 

Mr. Drake moved that Mr. Husmann be 
excused, which was disagreed to. 

On motion of Mr. St. Gem, the special 
business for this morning, being the ordi- 
nance for the vacating of certain civil officers 
in the State, was taken up. 



The question recurring on the amendment 
of Mr. Switzler, Mr. Bush ottered the fol- 
lowing as a substitute for the first section of 
said article : 

Section 1. The Governor of the Stare is 
hereby empowered, at any time within six 
months from the ])assage of this ordinance, 
to remove from office 'the judge or clerk of 
any court, the recorder of deeds, circuit 
attorney, or slieritf of any county, whose 
disloyalty to the Government of the I'nited 
States of xVmerica. or sympathy with the 
existing rebellion, shall be proved by evi- 
dence satisfactorv to him: and he is herebv 



156 



empowered and directed to iminediateiy fill. 
hj appointment, all oflices so vacated'; and 
persons by liim so appointed shall hold the 
offices and execnte the duties and functions 
thereof from the date of their respective 
commissions until the next c^eneral election, 
when the same shall be filled according- to 
lav,'. And the Governor shall make to the 
General Assembly, on the first day of the 
session tliereof (in November next), a fall 
report of all such removals and appoint- 
ments, and the reasons that induced him to 
make such removals. 

The question being on the substitute of 
Mr. Bush, Mr. Boxham demanded tlie a3'es 
and noes thereon; and the vote being taken, 
stood as follows : 

Ayes— Messrs. Bush, Gilbert of Platte. 
Holland, and Linton— 4. 

Noes — Messrs. Barr, Bonham, Budd. 
Childress, Clover. Davis of Nodaway. Dod- 
son, D'Oench, Drake, Ellis, Evans," Filley, 
Fletcher, Folmsbee, Foster, Fulkersoh, 
Gamble, Gilbert of Lawrence Gilstrap, 
Henderson, Holcomb, Holdsworth, Hume, 
Husmann, King, McKernan McPherson, 
Mack. Martin, 'Meyer, Newgent, Nixdorf. 
Eanldn, Rohrer, St". Gem, Smith of Mercer. 
Strong, Sutton. Swearingen. Thilenius, 
Weatherby, Williams of Cakhvell. Williams 
of Scotland, and Mr. President — i4. 

AB9EXT WITH Leave— Mcssrs. Adams. 
Bedford, Davis of New Madrid, Esther, 
Green, Leonard, Owens, Peck, and Switz- 
ler— 9: 

Absent without Leave — Messrs. Bunco, 
Cowden, Grammer, Hughes, Morton, and 
Smith of Worth— 6. 

Sick— Mr. Mitchell— 1. 

So the substitute was not agreed to. 

On motion of Mr. Drake, the amend- 
ments offered by Mr. Switzier were laid on 
the table. 

Mr. Strox'G withdrew the amendment 
heretofore offered by him to section first. 

Mr. GiLSTSAP offered the following amend- 
ment : 

Strike out all of the first section after the 
word "appointment," in the sixth line. 
and insert ' 'for the remainder of the term of 
each office, respective! 3". ' ' 

Which was adopted. 

Mr. Folmsbee offered the following 
amendment : 

Amend by inserting in the third line, after 
the Avord ' ' recorders , ' ' the words ' ' and 
of all sheriffs." 

Mr. St. Gem offered the following amend- 
ment to the amendment of Mr. Folmsbee: 

Amend the amendment by including pub- 
lic administrators. 
Which was disao-reed to. 



The question then being on the amend- 
ment of Mr. Folmsbee, it was adopted. 

Mr. Gilstrap offei-ed the following amend- 
ment: 

Strike out all after the date 1862. 
Which was disagreed to . 
Mr. Drake offered the following amend- 
ment, which v/as adopted: 

Every person appointed by the Governor 
under this ordinance, shall, "before entering 
ujion the discharge of the duties of his 
oliice, take the oath prescribed in the second 
section of the ordhiance defining the quali- 
fications of voters and civil officers in this 
State, adopted June 10, 1862, and shall 
give bond in such form, in such sum, and 
with such security, as are required bj^ ex- 
isting laws. 

Mr. ]VL\RTix asked leave of absence un- 
til the 1st of April, which was granted. 

On motion of Mr. Boxham, the Conven- 
tion adjourned until half-past 2 o'clock P. M. 



AFTERNOON SESSION. 

Convention met j)ursuant to adjournment, 
the President in the chair. 

Mr. Boxham moved to fill the blanks in 
the fourth line of the first section with the 
words "first" and "May," which was 
agreed to . 

Mr. Busk offered the following amend- 
ment, and demanded the ayes and noes 
thereon : 

Amend section fii'st by adding thereto the 
following: Provided, that no member of this 
Convention shall be qualified to become an 
appointee under this oj'dinance, unless he 
now holds any of the offices hereby vacated. 

The ayes and noes being taken, the vote 
stood as follows: 

Ayes— Messrs. Bush, Gilbert of Platte, 
Husmann, Morton, and Thilenius — 5. 

Noes — Messrs. Ban*. Bonham, Bunce, 
Childress, Cowden, Davis of Nodawa.y, Dod- 
son. Di-ake, Evans, Fulkerson, Gamble, 
Gilbert of Lawrence, Holdsworth, Hume, 
King, McKernan, McPherson, Mack, 31 ar- 
tin, Rankin, Rohrer, St. Gem, Smith of 
Mercer, Sutton, Swearhio-en, Weatherby, 
Williams of Caldwell, Williams of Scotland, 
and Mr. President— 29. 

Absext with Leave — Messrs. Adams, 
Bedford, Davis of New Madrid, Esther, 
Green, Owens, Peck, and Switzier — 8. 

Absext without Leave — Messrs. Budd, 
Clovei-, Dodson, Ellis, Filley, Fletcher, 
Folmsbee, Foster, Gilstrap, Grammer, Hen- 
derson, Hvolcomb, Holland, Hughes, Leon- 



157 



ard, Linton, Meyer, NeAvg-ent, ISiixdorf, 
Smith of Wortii. v'nd Strono-— 21. 
Sick— Mr. Mitobell— 1. 

So the anieiichneiit was not agreed to. 
Mr. Drake ottered the following amend- 
ment, which was adopted: 

Strike out the lirst sentence of the tirst 
section, and insert in lieu thereof the follow- 
ing: That the offices of the judges of the 
supreme court, of all circuit comts, and of 
air courts of record, established hy any act 
of the General Assembly, and those of tiie 
justices of all county courts, and all clerks of 
any of the aforesaid courts, of all circuit 
attorneys and their assistants, and of all 
sherilfs" and county recorders, shall be va- 
c-ated on tlie tirst day of May, one thousand 
eiglit hundred and sixty-live; and the same 
shall be tilled, for the remainder of the term 
of each of said ofiices, respectively, by ap- 
I>ointment by the Governor. The Governor 
shall, in like manner and willi like effect, liil 
any vacancy now existing in any of said 
ottices. 

IIt. Morton moved to reconsider the vote 
on the amendment offered by Mr. Bush, 
and on this motion Mr. Husmann demanded 
the ayes and noes, and the vote being taken, 
stood as follows : 

Ayes— Messrs. Bush, Gilbert of Platte, 
Husmann, Linton. Morton, Newgent, Nix- 
dorf, Swearingen, Thiienius, and Mr. Presi- 
dent— 10. 

Noes — Messrs. Barr, Bonham, Budd, 
Bunce, Childress, Clover, Cowden, Davis 
of NodaAvay, Dodson, Drake, Evans, Fiiley, 
Pulkerson, Gamble, Gilbert of Lawrence, 
Giistrap, Henderson, Holcomb, iloidswoi-th, 
Holland, Hughes, Hume, King, McKer- 
nan, McPherson, Mack, Martin, Meyer, 
Eankin, Pohrer, St. Gem, Sutton. Weath- 
erby, Williams of Caldwell, and Williams 
of Scotland — 35. 

Absent with Leave— Messrs . Adams, 
Bedford, Davis of New Madrid, Esther, 
Green, Leonard, Owens, Peck, and Switz- 
ler— 9. 

Absent w i t h o u t L e a v e — Messrs . 
D'Oench, Ellis, Fletcher, Folmsbee, Fos- 
ter, Grammer, Snvitii of Mer(,'er, Smith of 
Worth, and Strong — 9. 

Sick— Mr . Mitclie] 1—1 . 

So the motion to reconsider was not 
agreed to. 

Mr. Morton moved to amend by adding 
to the end of section llrst the t\)llowing 
words: 

Provided, however, tiiat no otlices slndl 
be vacated wliicli AN'cre tilled I)}' the election 
held in November last. 

Mr. Morton demanded the ajQs and noes 
on his motion, and the vote being taken, 
stood as follows: 



Ayes— Messrs. Gilbert of Platte, Hughes, 
Linton, Morton, and Sutton — 5. 

Noes — Messrs. Barr, Bonham, Budd, 
Bunce, Childress, Clover, Cowden, Davis 
of Nodaway, Dodson, Drake, Ellis, Evans, 
Fiiley, Fidkerson, Gamble, Gilbert of 
Lawrence, Giistrap, Henderson, Holcom.b, 
Holds^A'orth, Holland, Hume, Husmann, 
King, McKernan, McPherson, Mack, Mar- 
tin, Meyer, Newgent, Nixdorf, Rankin, 
Rohrer,'St. Gem, Smith of Mercer, Swear- 
ingen, Thiienius, Weatherby, Williams of 
Caldwell, Williams of Scotland, and Mr. 
President — 41 . 

Absent with Leave — Messrs. Adams, 
Bedford, Davis of New Madrid, Esther, 
Green, Owens, Peck, and Switzler — 8. 

Absent without Leave — Messrs. Bush, 
D'Oench, Fletcher, Folmsbee, Foster, 
Grammer, Leonard, Sinith of Worth, and 
Strong— 9. 

Sick— Mr. Mitchell— 1. 

So the amendment was not agreed to . 
Mr. Gilstrap offered the foil ov>dng amend- 
ment, which was adopted: 

Amend second section by strikino- out the 
first and second lines thereof, and inserting 
the following: No person shall be prose- 
cuted in any civil action, or criminal pro- 
ceeding, for or on account of any act. 

Mr . St . Gem offered the following amend- 
ment : 

Amend section second by striking out, in 
the third line, the word "after,'- and in- 
serting, in lieu thereof, the words "prior 
to;" and stiike out, in line four, the word 
"one," and insert, in lieu thereof, the 
word ' 'five. ' ' 

Which was disagreed to. 
Mr. HusjiANN offered the following amend- 
ment: 

Amend section first by striking out the 
word ' 'May, ' ' and inseiting, in lieu thereof, 
the word ''April. ' ' 

Which was declared out of order. 
Mr. Hughes offered tlie foUowhig amend- 
ment: 

Strike out second section. 

Mr. Hughes demanded the ayes and noes 
on his motion, and the vote being taken, 
stood as follows : 

Ayes — Messrs. Drake, Evans, Gamble. 
Gilbert of Platte, Hughes, King, Linton. 
Morton, and Sutton — ^'. 

Noes — Messrs. Barr, Bonham, Budd. 
Bunce, Bush, Childress. Clover, Cowden. 
Davis of Nodaway, Dodson, IVOemh. 
Fllis. Fill(>y, Foster, Fulkerson, Gilbert of 
Lawrence, Giistrap, Henderson, Holcomb. 
Iloldsworth, Holland, Hume, Husmann, 
^IcKernan, McPherson, ^lack, ^Morton, 
Meyer. Newgent, Nixdorf, Kohrer, St. 



158 



Gem, Smith of Mercer, Strono-, Swearinofen, 
Thilenius, Weatherby, Williams of Cald- 
well, Williams of Scotland, and Mr. Presi- 
dent-^0. 

Absent with Leave — Messrs. Adams, 
Bedford, Davis of New Madrid, Esther, 
Green, Leonard, Martin, Owens, Peck, and 
Switzler— 10. 

Absent without Leave — Messrs. 
Fletcher, Folmsbee. Eankin, and Smith of 
Worth— 4. 

Sick— Mr. Mitchell— 1. 

So the motion to strike out section two 
was not agreed to . 

Mr. De.uce moved that the ordinance be 
engrossed for a third reading. 

On this motion Mr. Boxham demanded the 
ayes and noes, and the vot€ being taken 
stood as follows : 

Ayes — Messrs. Barr, Bonham. Budd, 
Bunce, Bush, Childress, Clover, Cowden. 
Davis of Nodaway, Dodson, Drake, Ellis. 



Evans, Filley, Foster, Fulkerson, Gamble, 
Gilbert of Lawrence, Gilstrap. Henderson, 
Holcomb, Holdsworth, Holland, Hume, 
Husmann, King, McKernan, McPherson. 
Mack, Meyer. Xewgeut, Xixdorf, Pohrer, 
St. Gem, Smith of ]VIercer, Strong, Sutton. 
Swearingen, Thilenius, Weatherby, Williams 
of Caldwell, Williams of Scotland, and Mr. 
President— 43. 

Noes — Mr. Hughes — 1. 

Absent with Leave — Messrs. Adams, 
Bedford. Davis of Nevr Madrid, Esther. 
Green, Leonard, Martin, Owens, Peck, and 
Switzler— 10. 

Absent without Leave — Messrs. 
D'Oench, Fletcher. Folmsbee, Gilbert of 
Platte, Grammer, Linton, Morton, Rankin, 
and Smith of Worth — 9. 

Sick— Mr. Mitcheii— 1. 

So the motion to engross was agreed to. 

On motion of Mr. Foster, the Convention 
adjourned until half-past 9 o'clock to-mor- 
row morning. 



FIFTY-EIGHTH JDASY. 

FRroAY, March 17th, 1865. 



Convention met pursuant to adjournment, 
the President in the chair. 

Prayer hj Eev. Mr. McLain. 

Mr. Ga:mble asked leave of absence for 
Mr. Eankin until Tuesday next. 

Mr. Gilbert of Platte asked that the 
leave of absence heretofore granted to Mr. 
Switzler be extended until to-morrow; 
which was granted. 

;Mi'. Drake offered the following amend- 
ment to the article on the mode of amend- 
ing and revising the Constitution, which 
was laid on the table and ordered to be 
printed : 

Strike out section third, and insert in lieu 
thei-eof the follo^^ing : The General Assembly 
may, at any time or times after the year 
one thousand eight hundred and seventy, 
authorize, by law, a vote of the people to be 
taken upon the question whether a Conven- 
tion shall be held for the purpose of re^dsing 
and amending the Constitution of this State; 
and if. at such election, a majority of the 
votes on the question be in favor of a Con- 
vention, the Governor shall issue writs to 
the sheriffs of the dififerent c ounties, ordering 
the election of delegates to such a Conven- 
tion, on a day within three months after that 
on whick the said question shall have been 
voted on . At such election , each senatorial 
district shall elect two deleo-ates for each 



Senator to which it may then be entitled in 
the General Assembly, and every such 
delegate shall have the qualifications of a 
Senator. The election shall be conducted in 
contormity with the laws regulatino- the 
election of Senators. The delegates so elected 
shall meet on the fourth Wednesday suc- 
ceeding their election , at such place as may 
be provided by law, and organize themselves 
into a Convention, in such manner as they 
may determine upon, and proceed to revise 
and amend the Constitution; and the 
Constitution, when so re\dsed and amended, 
shall, on a day to be therein fixed, not less 
than sixty nor more than ninety days after 
that on which it shall have been*^adopted by 
the Convention, be submitted to a vote of the 
people for and against it, at an election to be 
held for that purpose only; and if a majority 
of all the votes given be in favor oi such 
Constitution, it shall, at the end of thirty 
days after such election, become the Consti- 
tution of this State. The result of such 
election shall be made known by proclama- 
tion by the Governor. The General Assembly 
shall have no power, other^^'i5e than as in 
this section specified, to authorize a Conven- 
tion for amending the Constitution; nor shall 
any Convention*" which ma}^ be called for 
another purpose have power to revise, 
amend, or change any imrt of the Constitu- 
tion. 

On motion of Mr. Drake, the article on 
the Judicial Department was taken up. 



159 



Mr. Drake oflered the following amend- 
ment : 

Insert the following additional section 
next after section eleventh: 

Sec. — . The State, except the county of 
St. Louis, shall be divided into not less than 
four districts, each of which shall embrace at 
least three judicial circuits; and in each dis- 
trict a court, to be known as the district 
court, shall be held, at such times and places 
as may be provided by law. Each district 
court shall be held by the judges of the cir- 
cuit coiu'ts embraced in the district, a major- 
ity of wdiom shall be a quorum . The district 
com-ts shall, within their respective districts, 
have like original jurisdiction with the 
supreme court, and * appellate jurisdiction 
from the tinal judgments of the circuit 
courts, and of all inferior courts of record 
within the district, except probate and county 
courts . After the establishment of such dis- 
trict courts, no appeal or w^rit of error shall 
lie from any circuit court, or inferior court of 
record, to the supreme court, but shall be 
prosecuted to the district court, from the 
final judgments of wiiich an appeal or writ 
of error may be taken to the supreme court, 
in such cases as may be provided by law. 

Pending wiiich, Mr. Strong, Chairman of 
the Committee on Engrossed Bills, reported 
the ordinance vacating certain civil oflices in 
this State as correctly engrossed. 

Mr. Strong offered the following amend- 
ment to the second section, which w^as 
adopted : 

The provisions of this section shall apply 
in all cases wiiere suits are now pending, in 
the same manner and with like effect as in 
suits or actions hereafter brought. 

The ordinance was then put upon its final 
passage. 

Mr. FoLMSBEE moved a call of the house, 
which being ordered, the following mem- 
bers responded to their names: 

Messrs. Barr, Bonham. Budd, Bunce, 
Childress, Clover, Cowden, Davis of Noda- 
way, Dodson, D'Oench, Drake, Ellis, Ev- 
ans, Folmsbee, Foster, Fulkerson, Gamble, 
Gilbert of Lawrence, Gilbert of Platte, Gil- 
strap, Henderson, Holcomb, Holdsworth, 
Holland, Hughes, Hume, Husmann, King, 
Linton, MeK(irnan, MePherson, Mack, 
Meyer, j^lorton, New^gent, Nixdorf, Peck, 
Roiirer, St. Gem, Smith of Mercer, Strong, 
Sutton, Swearingen, Thilenius, Weatherby, 
Williams of ('aid well, Williams of Scotland, 
and Mr. President — 48. 

Absent with Leave — Messrs. Adams, 
Bedford, Davis of New Madiid. Green, 
Leonard, Martin, Owens, Kankin, and 
Swit/ler— 9. 

Absent without Leave — Messrs. Bush, 
Estlier, Filley, Fletcher, Grammer, Smith 
of Worth— 6. 

Sick— Mr . Mitchell— 1 . 



On motion of Mr. Drake, further pro- 
ceedings under the call were dispensed with. 

The question being on the final passage of 
the ordinance vacating certain civil oflices in 
this State, Mr. Drake demanded the ayes 
and noes thereon, and the vote being taken, 
stood as follows : 

Ayes — Messrs. Barr, Bonham, Budd, 
Bunce, Childress. Clover, Cowden, Davis of 
Nodaw^ay, Dodson, Drake, Ellis, Evans, 
Folmsbee, Foster, Fulkerson. Gamble, Gil- 
bert of Law^rence, Gilstrap, Henderson, Hol- 
comb, Holdsworth, Holland, Hume, Hus- 
mann, King, McKernan, McPhei'Son, Mack, 
Meyer, Newgent, Nixdorf, Peck, Pohrer, 
St. Gem, Smith of Mercer, Strong, Sutton, 
Swearingen, Thilenius, Weatherby, Williams 
of Caldwell, Williams of Scotland, and :Mr. 
President— 43. 

Noes — Messrs. D'Oench, Gilbert of Platte, 
Hughes, Linton, and Morton— 5. 

Absent with Leave — Messrs. Adams, 
Bedford, Davis of New Madiid, Green, Leon- 
ard. Martin, Owens, Pankin, and Switzler— 9. 

Absent without Leave — Messrs. Bush, 
Esther, Filley, Fletcher, Grammer, and Smith 
of Worth— 6. 

Sick— Mr . Mitchell — 1 . 

So the ordinance was adopted. 

Mr. Strong moved that the vote last taken 
be reconsidered, and also moved that the 
motion to reconsider be laid on the table, 
which latter motion Avas agreed to . 

Mr. Drake offered the following resolu- 
tion, which was adopted : 

Resolved, That the ordinance i^roviding 
for the vacating of certain civil offices in the 
State, filling the same anew, and protecting 
the citizens from injury and harassment, 
be enrolled, and authenticated by the signa- 
tures of the President and Secretary, an cT de- 
posited in the office of the Secretary of State. 

Mr. Williams of Caldwell ofiered the fol- 
lowing resolution, which w^as disagreed to: 

Resolved, That a copy of the ordinance 
vacating certain civil offices in this State, and 
for the protection of citizens from injury and 
harassment, be transmitted to the Governor 
of this State. 

The article on the Judicial De]iartnient was 
then taken up, and the question being on the 
adoption of the amendment ofiered by Mr. 
Drake, he demanded the ayes and noes 
thereon, and the vote being taken, stood as 
follows : 

Ayes— Messrs. Barr, Bonham. Budd. 
Bunce, Childress. Cowden, Davis of Noda- 
w-ay, Dodson, D'Oench, Drake, Ellis. 
Evans, Fletcher, Folmsbee, Fulkerson. 
Gamble, Gilbert of Lawrence, Gilstrap, 
Henderson, Holcomb, Holdsworth. Huuiies, 



160 



Hume, King-, McKernan, McPherson, Mack, 
Meyer, Newgent, Nixclorf, Peck, Smith 
of Mercer, Strong, Sutton, Sweariiigen, 
>Yeatherb5', Williams of Caldwell, "aud 
Williams of Scotland — 38. 

]S[0ES— Messrs. Poster, Gilbert of Platte, 
Holland, Husmanu, Linton, Koiirer, 
Thilenius, and Mr. President — S. 

Absent y^'ith Leave — jlessrs. Adams, 
Bedford, Davis of I^ew Madrid. Green. 
Leonard, Martin, Owens, llankin, and 
S^^^tzler — 9. 

Absent without Leave — Messrs. Busli, 
Clover. Esther, Filley, Gra.mmer, Morton, 
St. Gem, and Smith of Worth — S. 

Sick — Mr . Mitchell — 1 . 

So the amendment was adopted. 
Mr. Drake offered the following amend- 
ment, which was adopted: 

Amend section first by inserting in second 
line, after the word '"^-court," the words 
' 'in district courts. ' ' 

Mr. Drake offered the following amend- 
ment, which was adopted: 

Amend section fourth, line first, by 
striking out the word ' 'five. ' ' and inserting 
in lieu thereof the word ''three;" and by 
striking out the word • 'three.' ' and inserting 
in lieu thereof the word ' 'two. ' ' 

Mr. Drake offered the following amend- 
me]it, which was adopted: 

Amend section fifth, second line, by 
striking out the words ' 'hold two sessions 
annually, ' ' and inserting in lieu thereof the 
words "be held." 

Mr. DraivE offered the following amend- 
ment, which w^as adopted: 

Amend section sixth by striking out the 
word "ten," and inserting in lie"u thereof 
the word "six." 

Mr. Drake offered the follo^^ing amend- 
ment, which was adopted: 

Amend section seventh by striking out of 
second hue the word "five," and also by 
striking out of fifth line the words ' • eight 
and ten," and inserting the word "and" 
before the word "six." in the same line; 
and b}' striking out of line seventh the word 
"ten," and inserting in lieu thereof the 
word ' "six. " 

On motion of Mr. Kohrer, the Convention 
adjom-ned until half-past 2 o'clock P. M. 



AFTEENOON SESSIOIS". 

Convention met pursuant to adjournment, 
the President in the chair. 

The Convention resumed the consideration 
of the article on^the Judicial Department. 



Mr. Dr.ike ofiered the following amend- 
ment, which was adopted: 

Amend section thirteen, by inserting in 
line three, after the word "and," the words 
' 'except as hereinafter provided. ' ' 

Mr. Drake offered the folio vdng amend- 
ment : 

I Amend section thirteen hj striking out the 
words "the first general election for cn'cuit 
judges shall be on the first Tuesday after the 
first Monday in November, 1869, and on the 
the same day every six years thereafter," 
and inserting in lieu thereof the follo^^ing: 
"At the general election in the year one 
thousand eight hundred and sixty-eight, and 
at the gen'eral election ever}^ sixth year 
thereafter, except as hereinafter provided, 
all the circuit judges shall be elected and 
shall enter upon their offices »n the first 
Monday of January next ensuing their 
election. ' ' 

Mr. GiLSTRAP moved to amend the amend- 
ment as follows : 

Strike out ' ' 1868 ' ' and insert ' ' one 
thousand eight hundred and seventy. ' ' 

Wliich was adoj)ted . 

The amendment as amended was then 
adopted. 

Mr. Drake ofiered the following amend- 
ment, which was adoi^ted : 

Amend section fourteen by striking out the 
words ^ 'for the term of six years. ' ' 

Mr. Drake ofiered the follovdng amend- 
ment, which was adopted: 

Amend section fourteen by inserting- the 
following between lines nine and ten: At 
the first session of said court after the judges 
thereof, who may be elected in the year one 
thousand eight hundred and sevent}', shall 
have assumed ofiice. the said judges shall, 
hy lot, deiermine the duration of their several 
terms of office, which shall be, respectively, 
tv\^o, four, and six j^ears; and shall certify 
the result to the Secretary of State. At the 
general election every two years after the 
election in that year, one judge of said coiu't 
shall be elected 'to hold ofiice for the term of 
six years from the first Monday of January 
next ensuing. 

Mr. Drake offered the following amend- 
ment, which was adopted: 

Amend section fourteen by inserting in 
line eleven, after the word ' 'require, ' '' the 
following: "Any additional judges author- 
ized shall hold 'office for the term of six 
years, and be elected at a general election 
and enter upon their office on the fii'st Mon- 
day of January next ensuing. ' ' 

Mr. Drake offered the following amend- 
ment, winch was adopted: 



161 



Amend section eighteen by adding thereto 
the words "which shall not be diminished 
during- the period for which they were 
elected. ' ' 

Mr. Deake offered the following amend- 
ment, which was adopted : 

Amend section seventh, line first, by 
striking out the ^vords ' 'sixty-eight, ' ' and 
inserting in lieu thereof the word ""seventy." 

Mr. GriLSTRAP Offered the folio wing- 
amendment, ^^'hich was adopted: 

Amend by adding the follo^^^ng section, to 
come in after section fourteen : 

Section — . The provisions contained in 
this article, requiring an election to be held 
to fill a vacancy in the office of judges of the 
supreme and circuit courts , shall have rela- 
tion to vacancies occurring after the year 
one thousand eight hundred and seventy; 
up to which time any such vacancy shall be 
filled by appointment by the Governor. 

Mr. Drake offered the following amend- 
ment, w^hich was adopted: 

^ Strike out section twentieth, and insert in 
lieu thei-eof the following: The supreme 
court and the district courts shall appoint 
their respective clerks. Clerks of circuit 
courts and of county courts shall be elected 
by the qualified voters of the county, at a 
general election, and shall hold office for 
the term of four iyears from and after the 
first Monday in January next ensuing, and 
until their successors are duly elected and 
qualified. The first election of such clerks, 
after the adoption of this Constitution, shall 
be at the §'eneral election in the year one 
thousand eight hundred and sixty-six, any 
existing law of this State to the contrary 
notwithstanding. 

Mr. HoLCOMB offered the following amend- 
ment: 

Strike out, in the sixth line, the word 
' 'four, ' ' and insert "six. " 

On which, Mr. Bonham demanded the 
ayes and noes, and the vote being taken, 
stood as follows : 

Ayes— Messrs. Bunce, Dodson, Foster, 
Fulkerson, Gamble, Gilbert of Platte, Gil- 
strap, Henderson, Holcomb, Holdsworth, 
Hughes, Husmann, Kino-, Linton, Meyer, 
ISTewgent, Swearingen, Thilenius, Williams 
of Caldwell, and Mi-. President— 20. 

Noes— Messrs. Bonham, Childress, Clover, 
Cowden, Davis of Nodaway, Drake, Evans, 
Pohn^^bee, Gilbert of Lawrence, Holland, 
Hume, McKernan, McPherson, Mack, Nix- 
dorf, Peck, Strong, Sutton, and Williams of 
Sfjotland- 19. 

Absknt with Leave— Messrs. Adams, 
Bedford, Davis of New Madrid, Green, 
Leonard, Martin, Morton, Owens, llankin, 
and Switzler— 10. 



Absent without Leave — Messrs. Barr, 
Budd, D'Oench, Ellis, Esther, Filley, 
Fletcher, Grammer, Pohrer, St. Gem, 
Smith of Mercer, Smith of Worth, and 
Weatherby— 13. 

Sick — Messrs. Bush, and Mitchell— 2. 

So the amendment was adopted. 
Mr. Bonham offered the following amend- 
ment : 

Amend by striking out "six," and in- 
serting ' 'two. ' ' 

And demanded the ayes and noes thereon, 
which being taken , stood as follows : 

Ayes — Messrs. Bonham, Childress, Clo- 
ver, Davis of Nodaway , Evans, Folmsbee, 
Gilbert of Lawrence, Holland, Hume, Mc- 
Kernan, Mack, Nixdorf, Peck, and Sutton 
—14. 

Noes — Messrs. Bunce, Cowden, Dodson, 
Drake, Foster, Fulkerson, Gamble, Gilbert 
of Platte, Gilstrap, Henderson, Holcomb, 
Holdsworth, Hughes, Husmann, King, 
Linton, McPherson, Meyer, New^gent, 
Strong, Swearingen, Thilenius, Weatherby, 
Williams of Caldwell, Williams of Scot- 
land, and Mr. President— 26. 

Absent with Leave — ^Messrs. Adams, 
Bedford, Davis of New Madrid, Green, 
Leonard, Martin, Morton, Owens, liankin, 
and Switzler — 10. 

Absent w^ithout Leave — ^Messrs. Barr, 
Budd, D'Oench, Ellis, Esther, Filley, 
Fletcher, Grammer, Rohrer, St. Gem, 
Smith of Mercer, and Smith of Worth— 12. 

Sick — Messrs. Bush and Mitchell — 2. 

So the amendment was not agreed to . 

Mr. HoLDSw^ORTH moved to reconsider 
the vote by wdiich the amendment of Mr. 
Holcomb was adopted, which was agreed to. 

The question then recurring on the adop- 
tion of Mr. Holcomb's amendment, Mr, Bon- 
ham demanded the ayes and noes thereon, 
and the vote being taken , stood as follows : 

Ayes- Messrs. Bunce, Foster, Gilbert of 
Platte, Gilstrap, Henderson, Holcomb, 
Husmann, Linton, Meyer, Newgent, St. 
Gem, Swearingen, Thilenius, and AYilliams 
of Caldwell -14. 

Noes — Messrs. Bonham, Childress, Clover, 
Cowden, Davis of Nodaway, Dodson, Drake, 
Evans, Folmsbee, Fulkerson, Gamble. Gil- 
bert of Lawrence, Holdsworth, Holland, 
Hughes, Hume, King, McKernan, ]N[cPher- 
son. Mack, Nixdorf, "Peck. Strong, Sutton, 
Weatherby, Williams of Scotlaiid"^ and Mr. 
President. — 27. 

Absent with Leave — Messrs. Adams. 
Bedford, Davis of New Madrid, Green,. 
Leonard, Martin, Morton, Owens, Eankin, 
and Switzler — 10. 

Absent without Leave — Messrs. Budd, 
D'Oench, Ellis, Esther, Filley, Fletcher, 
Grammer, Kohrer,. Smith of MeiTcr. and 
Smith of Worth— 10. 



162 



Sick — Messrs. Barr, Bush, and Mitchell 
—3. 

So the amendment was not agreed to . 

Mr. BoNHi^M offered the following amend- 
ment, which was disagreed to: 

Amend by adding to the section: But no 
such clerk shall hold any other office, nor 
perform any other official functions, during 
the term for which he was elected . 

Mr. Drake offered the follo\\ing amend- 



Amend by inserting, after section twenty, 
the follo^\ing additional section : 

Sec. — . Xo clerk of any court established 
by this Constitution, or by any law of this 
State, shall apply to his own use, from the 
fees and emoluments of his office, a greater 
sum than two thousand ^xe hundred dollars 
for each year of his official term, after pay- 
ing out of such fees and emoluments such 
amounts for deputies and assistants in his 
office as the court may deem necessary and 
may allow; but all surplus of such fees and 
emoluments over that sum, after paying the 
amounts so allowed, shall be paid into the 
county treasuy for the use of the county. 
The General Assembly shall pass such laws 
as may be necessarj^ to carry into effect the 
provisions of this section. 

On which amendment, Mr. Drake de- 
manded the ayes and noes; and the vote 
being taken, stood as follows : 

Ayes — Messrs. Bonham, Childress, Clover, 
Cowden, Davis of Nodaway, Dodson, Drake, 
Evans, Folmsbee, Fulkerson, Gamble, Gil- 
bert of -Lawrence, Gilbert of Platte, Gilstrap, 
Henderson, Ilolcomb, Holdsworth, Hughes, 
Hume, Husmann, McKernan, McPherson, 
Mack, Newo'ent, oSTixdorf, Peck, Strong Sut- 
ton, Thilenius, Williams of CaldweiC Wil- 
liams of Scotland, and Mr. President — 32. 

Noes — Messrs. Foster, Holland, King, Lin- 
ton, St. Gem, and S wearingen— 6 . 



Absext with Leave — Messrs. Adams, 
Bedford, Davis of New Madrid, Green, Leon- 
ard, Martin, Morton, Owens, liankin,. and 
Switzler — 10. 

Absent without Leave — Messrs. Budd, 
Bunce, Childress, D'Oench, Ellis, Esther, 
Filley, Fletcher, Grammer. Meyer, Eohrer, 
Smith of Mercer, Smith of Wortli, and Weath- 
erby— 14. 

Sick— Messrs. Bush and Mitchell— 2. 

So the amendment was adopted. 

Mr. Drake moved to amend the title by 
stalking out the letter "V" and the words 
' ^of tlie, ' ' which was agreed to. 

Mr. Newgent, from the Committee on 
Militia, reported an ordinance entitled "An 
Ordinance for the organization of the Missouri 
Militia, ' ' which was read a first and second 
time. 

Mr. Gilstrap moved to ffil the blank in 
said ordinance by inserting the word "eight." 

Pending which amendment, Mr. Strong 
moved to amend the amendment by striking 
out "eight" and inserting "two." 

On motion of Mr. Clover, the ordinance 
and pending amendments were postponed 
and made the special order for W^ednesday 
next. 

Mr. Husmann asked and obtained leave of 
absence for six days from Monday next. 

Mr. Meyer asked and obtained leave of 
absence for five days. 

Mr. Hume asked and obtained leave of 
absence for three davs. 

On motion of Mr. Bonham, the Convention 
adjourned until half-past 9 o'clock to- 
morrow morning. 



FIFTY-jSTINTHC I3^^"X 



7- 



SATUSDAY, March ISth 1865. 



Convention met pursuant to adjournment, 
the President in the chair. 

Prayer by Rev. Mr. Niccolls. 

Mr. Drake offered the following resolu- 
tions , which were adopted : 

Resolved, That any leave of absence, here- 
tofore granted to any member for an indefi- 
nite time , is hereby revoked . 

Resolved, That the President be requested 
to notify each member who is, or may here- 
after be , absent after the expiration of the 



period of his leave of absence, that such 
leave has expired, and that his presence in 
the Convention is required. 

Mr. Bonham offered the following reso- 
lution : 

Resolved That no leave of absence granted 
after the 25th in St. , to any member, unless 
for cause of sickness in the family of the 
member making his application. 

Which was not adopted. 



163 



Mr. Holland asked leave of absence dur- 
ing next week; which was granted. 

Mr. Gilbert of Platte obtained leave of 
absence for this daj^. 

Mr. Barr offered the folio whig- resolution , 
which was adopted : 

Resolved, That Mr. Smith of Worth be 
excused for being absent without leave. 

On motion, the article on the Judicial 
Department was taken up . 

Mr. Mack offered the following amend- 
ment : 

Amend section thirteen, in line eighteen, 
by striking out after the word ' 'iSTovember," 
the figures • '1870, ' ' and insert in lieu thereof 
the figures '^866." 

Which was tem^Dorarily withdrawn. 

Mr. Drake moved to reconsider the vote 
on the adoption of Mr. Gilstrap's amend- 
ment to his amendment to the thirteenth 
section, and also to reconsider the vote 
adopting ^said amendment as amended on 
the motion of Mr. Gilstrap; which motions 
were agreed to . 

The question then recurred on the amend- 
ment of Mr. Gilstrap, on which the ayes 
and noes were demanded, and the vote being 
taken, stood as follows: 

Ayes — Messrs. Budd, Bunce, Dodson, 
Holcomb, Newgent, and Swearingen — 6. 

iS'OES — Messrs. Barr, Bonham, Bush, 
Childress, Clover, Cowden, Davis of Noda- 
way, D'Oencli, Drake, Elhs, Evans, Fletch- 
er, Folmsbee, Fulkerson, Gamble, Gilbert 
of Lawrence, Henderson, Holdsworth. Hol- 
land, Hughes, Husmann, King, Linton, 
McKernan, McPherson, Mack, Morton, Nix- 
dorf, Peck, Rohrer. St. Gem, Smith of 
Mercer, Smith of Worth, Strong, Sutton, 
Switzler, Thilenius, Weatherby, Williams 
of Caldwell, WiUiams of Scotland, and Mr. 
President — 41 . 

Absent with Leave — Messrs. Adams, 
Davis of New Madrid, Gilbert of Platte, 
Green, Hume, Leonard, Martin, Meyer, 
Owens, and'Rankin — 10. 

Absent without Leave — Messrs. Bed- 
ford, Esther, Filley, Foster, Gilstrap, and 
Grammer — 6 . 

Sick— Mr. Mitchell— 1. 

So the amendment was not agreed to. 

The question then recurring on Mr. 
Drake's amendment to the thirteenth sec- 
tion, Mr. Mack offered the following amend- 
ment to the amendment: 

Strike out the word "eight," and insert 

*^six." 

And demanded tlie ayes and noes thereon ; 
and the vote being t^iken, stood as tollows: 



Ayes — Messrs. Childress, Cowden, Drake, 
Fletcher, Gamble, Gilbert of Lawrence, 
Hughes, Mack. Morton, Peck, Smitii of 
Worth, Sutton, Switzler, and Williams of 
Scotland — 14. 

Noes — Messrs. Barr, Bonham, Bunce, 
Bush, Clover, Davis of Nodaway, Dodson-, 
D'Oench, Ellis, Evans, Folmsbee, Fulkerson, 
Gilstrap, Henderson, Holcomb, Holdsworth, 
Holland, Husmann, King, Linton, 
McKernan, McPherson, Newgent, Nixdorf, 
Rohrer, St. Gem, Smith of Mercer, Strong, 
Swearingen, Thilenius, Weatherby, Wil- 
liams of Caldwell, and Mr. President — 33. 

Absent with Leave — Messrs. Adams, 
Davis of New Madrid, Gilbert of Platte, 
Green, Hume, Leonard, Martin, Meyer, 
Owens, and Rankin — 10. 

Absent without Leave — Messrs. Bedford, 
Budd, Esther, Filley, Foster, and Grammer 
—6. 

Sick— Mr . Mitchell— 1 . 

So the amendment was not adopted. 

Mr. Fletcher moved to adjourn until 
Monday morning. 

On this motion Mr. Drake demanded the 
ayes and noes, and the vote being taken, 
stood as follows : 

Ayes — Messrs. Bush, Childress, D'Oench, 
Ellis, Evans, Fletcher, Folmsbee, Gamble, 
Gilbert of Lawrence, Henderson, Holcomb, 
Holdsworth, McKernan, Morton, Rohrer, 
St. Gem. Smith of Mercer, Strong, Switzler, 
Thilenius , and Weatherby — 21 . 

Noes — Messrs. Barr, Bonham, Bunce, 
Clover, Cowden, Davis of Nodaway, Dodson, 
Drake, Fulkerson, Gilstrap, Holland, 
Hughes, King, Linton, McPherson, Mack, 
Newgent, Nixdorf, Peck, Smith of Worth, 
Sutton, Swearingen, Williams of Caldwell, 
and Williams of Scotland — 24. 

Absent with Leave — Messrs. Adams, 
Davis of New Madrid, Gilbert of Platte, 
Green, Leonard, Martin, Meyer, Owens, 
Rankin, and Mr. President — 10*. 

Absent without Leave — Messrs. Bedford, 
Budd, Esther, Filley, Foster, Grammer, 
Hume, and Husmann — 8. 

Sick— Mr. Mitchell— 1. 

So the motion to adjourn until Monday 
was not agreed to . 

On motion of Mr. Bush, leave of absence 
was granted the President until Monday 
next. 

Mr. Bush offered the following amend- 
ment to the pending amendment: 

Amend tlie amendment by striking out the 
word ■ "eiglit, ' ' and insert tlie word "^Miine. ' ' 

The ayes and noes being demanded thereon, 
the vote stood as follows : 

Ayes— ]\[essrs. Bush, Clover, Dodson, 
D'Oench, Evans, Flelelier, (Gamble. Oilstrap, 
Hokiomb. Husmann King, Linton. Newgent, 
Rohrer, St. Gem, Smith\>f Mercer, Smith ol 



164 



^7ortli, Swearingen, TliileDius, and Weatli- 
erby-20. 

ils^OES— Messrs. Barr, Boiiham, Bunce, Chil- 
dress, Cowden, Davis of Xodaway, Drake, 
Ellis, Folmsbee, Fulkerson, Gilbert of Law- 
rence, Henderson, Holdsworth, Holland, 
Hughes, McKernan, MePlierson. 3Iack. Mor- 
ton. Peck, Strong, Sutton, Switzler, Williams 
of Caldwell, and Williams of Scotland— 25. 

Absent with Leave — Messrs. Adams, Da- 
vis of ]S'ew Madrid. Gilbert of Platte, Green, 
Hume, Leonard, Martin, Meyer, Owens, Eau- 
kin, and Mr. President — 11 ."^ 

Absent without Leave — Messrs. Bed- 
ford, Budd. Esther, FiUey, Foster, Gram- 
mer, and Xixdorf— 7 . 

Sick— 311- . MitcheH- 1. 

So the amendment was not agreed to. 

The question then being on the amend- 
ment oifered by Mr . Drake to the thirteenth 
section, he demanded the ayes and noes 
thereon, and the vote being taken, stood as 
follows : 

Ayes — Messrs. Barr. Bonham, Bunce, 
Childress. Cowden. Da^is of Xodaway, 
Drake. Ellis, Folmsbee, Fulkerson. Gam- 
ble, Gilbert of La\^Tence, Henderson, 
Holds worth. Holland, McKernan. McPher- 
son. Mack, Peck. Sti-ong. Sutton. Swearin- 
gen, Williams of Caldwell, and Williams of 
Scotland— 24. 

iSToES — Messrs. Bush. Clover, Dodson, 
D'Oench, Evans, Fletcher. Gil strap, Hol- 
comb, Husmann, King, Linton, Morton, 
Newgent. Rohi-er, St. Gem. Smith of Mer- 
cer, Smith of Worth, Switzler, Thilenius, 
and Weatherby — 20. 

Absent with Leave — Messrs. Adams, 
Davis of Xew Madrid, Grammer, Green, 
Hume . Leonard . Mart 
and Mr. President — 10. 



Absent without Leave— Messrs. Bed- 
ford, Budd, Esther, Filley, Foster, Gilbert 
of Platte. Hughes, 2sixdorf. and Rankin — 9. 

Sick— Mr. ilitcheU— 1. 

So the amendment was adopted. 

Ml'. Drake asked and obtained leave of 
absence for the Secretary until Tuesday next. 

ISLr. Fletcher moved that the Convention 
adjourn until Monday morning. 

On which motion Mr. Davis of Nodaway 
demanded the aj^es and noes, and the vote 
being taken, stood as follows : 

Ayes — Messrs. Bonham, Bunce, Bush, 
Childress, D'Oench, Ellis, Evans, Fletcher, 
Folmsbee, Gamble, Gilbert of Lawrence^ 
Henderson. Holcomb. Hokisworth, Hus- 
mann. McKernan, McPherson, Mack, Mor- 
ton, Eohrer, St. Gem, Smith of Mercer, 
Strong, Swearingen, Switzler, Thilenius, 
and At'eatherby — 27. 

Noes — Messrs. Barr, Clover, Cowden, 
Davis of Xodaway, Dodson, Drake, Fulker- 
son, Holland, Hughes. King. Linton, Xew- 
^ent. Peck, Smith of Worth. Sutton, W\l- 
liams of Caldwell, and Williams of Scotland 
—17. 

Absent with I^eave — ^^lessrs. Adams, 
Davis of Xew Madrid. Green, Hume, Leon- 
ard. Martin, Meyer, Owens, and 3Ii-. Presi- 
dent— 9. 

Absent without Leave — Messrs. Bed- 
ford, Budd, Esther, Filley, Foster. Gilbert 
of Platte, Gilsti-ap, Grammer, Xixdorf, 
and Rankin — 10. 

Sick — Mr . Mitchell — 1 . 

So the motion was agreed to, and there- 
upon the Convention adjourned until Mon- 
day morning next, at half-past 9 o'clock. 



SIXTIETH DA.Y. 



MOXDAY, March 20th, 1865. 



Convention met pursuant to adjournment. 

The President and Vice President being 
absent, Mr. Barr was chosen President ^:>ro 
tern. , and called the Convention to order. 

Prayer by Rev. Mr. Osborne. 

Mr. Bunce asked leave of absence for Mr. 
McKernan for four days ; which was granted. 

Messrs. Bonham, Xewgent, and Smith of 
Mercer, were reported sick. 

Mr. Peck offered the foUo^^ing resolution : 

Resolved. That this Convention, after its 
adjournment this evening, shall thereafter 
meet at 9 o'clock, A. M. 



Mr. Strong offered the following amend- 
ment to the resolution : 

Resolved, That the Convention will here- 
after meet at 9 o'clock, A. M., and 
adjourn at 12 M. : and meet at 2 P. M., 
and adjourn at 5 P. 31. 

Mr. Fletcher offered the following sub- 
stitute for the original resolution and amend- 
ment: 

Resolved^ That hereafter this Convention 
will meet at 9 o'clock. A. M., and adjourn 
at 2 o'clock, P. M. 

Mr. Drake demanded the ayes and noes 



165 



on the substitute, and the vote being taken, 
stood as follows : 

Ayes— Messrs. Bush, D'Oench. Ellis, 
Fletcher, Folmsbee, Foster, Gilbert of 
Platte, Gilstrap, Holds worth, Rohrer, St. 
Gem, Switzler, and Weatherby — 13. 

Noes — Messrs. Barr, Budd,'Buuce, Chil- 
dress, Cowden, Davis of Nodaway, Dodson, 
Drake, Evans, Fulkerson, Gilbert of Law- 
rence, Henderson, Holcomb, Hughes, King, 
McPherson, Mack, Morton, Nixdorf, Peck, 
Strong, Sutton, Swearingen, Williams of 
Caldwell, Williams of Scotland, and Mr. 
President— 26. 

Absent with Leave — Messrs. Davis of 
JSTew Madrid, Green, Hume, Husmann, 
Leonard, McKernan, Martin, Mever, Owens, 
and Smith of Worth— 10. 

Absent without Leave —Messrs. Adams, 
Bedford], Clover, Esther, Filley, Gamble, 
Gramnier, Holland, Linton, Rankin, and 
Thilenius— 11. 

Sick— Messrs. Bonham, Mitchell, New- 
gent, and Smith of Mercer — 4. 

So the substitute was not adopted. 

The vote was then taken on the amend- 
ment of Mr. Strong, and it was not agreed to. 

The original resolution of Mr. Peck was 
then adopted. 

Mr. GiLSTKAP presented the following 
ordinance, which was read the first time: 

Be it ordahied by the People of the State of Mis- 
souri, hi Convention assembled, as follows: 

Section 1 . The State of Missouri is here- 
by divided into two districts, for the punish- 
ment of crimes, by a line which shall follow 
the middle of the main channel of the Mis- 
souri river, from the east line 6f the State to 
the west line thereof; and all that part of the 
State lying north of the Missouri river shall 
be called the Northern District, and all that 
part lying south of said river shall be called 
the Southern District. 

Sec. 2. A criminal court of record is 
hereby established in each of said districts, 
composed of one judge for each district, who 
shall be appointed by the Governor of the 
State, 'and hold ofhce durino- his pleasure, 
until otherwise provided by the General As- 
sembly. 

Sec. 3. The criminal court hereby estab- 
lished shall have original criminal jurisdic- 
tion, concurrent with the circuit courts 
(except misdemeanors) , within each district, 
co-extensive throughout the district, in all 
respects as the circuit courts now have in each 
county . And the judge of each district shall 
have power to cause to'be summoned and ini- 
panneled, from time to time, <j:rand juries; to 
appoint his own times and pmces Vvithin his 
district for holding his court, to do which 
no notice shall be required; and it sliall con- 
tinue in session, from day to day (Sundays 
excepted) as long as may be i.iecessary. 

Sp:c. 4. Any'personwho may have com- 
mitted any homicide, felony, or'other crime 



(except misdemeanors), or who may here- 
after commit any such crime, against the 
laws of this State, within either of said dis- 
tricts, may be indicted, tried and convicted 
in any coimtj^ in such district. And if the 
crime shall have been committed within one 
mile of the line dividing said districts from 
each other, the offender may be indicted, 
tried and convicted in either. 

Sec. 5. No person charged with homicide, 
felony, or other high crime, shall be 
admitted to trial in either of said courts, or 
elsewhere; nor shall the trial of any such 
person be continued or delayed longer than 
is necessary to obtain witnesses byijtlireet 
process. No change of venue shall be 
granted, nor dilatory plea admitted, except 
demui'rers to the sufficiency of indictments, 
and motions for new trials, and in aiTcst of 
judgment. 

Sec. 6. The judge of each court maj^ 
appoint his own clerk, who shall take the 
same oath, give like bond, and be entitled to 
the same fees , as circuit court clerks . And 
each and every sheriff, in each district, shall 
be subject to be ordered by the jud^-e thereof, 
to attend his court, summon grand and petit 
jurors, serve wTits and other process, issued 
from such court, and shall obey the same. 
The private seal of the clerk, with his 
signature, shall be a sufficient authentication 
of any writ or order; and the approval of the 
judge, following the signature and seal of 
the clerk, shall be a sufficient authentication 
of any record. Appeals and WTits of error 
shall lie from these courts to the supreme 
court. 

Sec. 7. In each of said districts there shall 
be a prosecuting attorney, appointed by the 
Governor, who shall hold office during his 
pleasure; shall be subject to the same laws, 
and entitled to the same fees, as circuit 
attorneys, except that his annual salary , paid 
quarter-yearly, out of the State treasury, 
shall be one thousand dollars. 

Sec. 8. The courts hereby established, 
except as in this ordinance is iDrovided, shall 
be governed in all things by existing laws 
regulating crimes and punishments, an:! 
criminal proceedino-s thereunder. 

Sec. 9. Each judge of the criminal courts, 
hereby established, shall receive for his 
services an annual salary of three thousand 
dollars, to be paid quarter-j^early, out of the 
State treasur}'. 

Sec. 10. Tliis ordinance may be repealed 
by the General Assembly, at anytime after 
the first day of November, A. D. 18GG. 

Mr. Mack moved that the ordinance be 
rejected. 

On this motion Mr. Gilstkap demanded 
the ayes and noes; and the vote being taken, 
stood as follows: 

Ayes— iSIessrs. Barr. Childress;, Cowden. 
Davis of Nodaway. Drake, Filley, Folms- 
bee, Fulkerson, Cilbert of Lawrence. Lin- 
ton, McPherson, ;^[ack. "Nixdorf, Peek. 



166 



Strong, Sutton, and Williams of Scotland 
—17. 

Noes— Messrs. Budd. Bush, Clover, Dod- 
son, D'Oencli, Ellis, Evans, Foster, Gam- 
ble, Gilbert of Platte, Gilstrap, Henderson, 
Holcomb, Holdsworth, Hughes. King. Mor- 
ton, Newgent, St. Gem, Smith of Worth, 
Svvearingeu, Switzler, Thilenius, Weath- 
erby, and Mr. President — 25. 

Absent with Leave- Messrs . Bedford, 
Davis of New Madrid, Green, Hume, Hus- 
maun, Leonard, McKernan, Martin, Meyer, 
and Owens — 10. 

Absent without Leave — Messrs. Adams, 
Bunce. Esther, Fletcher, Grammer, Hol- 
land, Rankin, Rohrer, and Williams of 
Caldwell— 9. 

Sick — Messrs. Bonham, Mitchell, and 
Smith of Mercer — 3. 

So the motion to reject the ordinance was 
not agreed to. 

On motion of Mr. Gilsteap, the rules 
were suspended, the ordinance read the 
second time and ordered to be j^rinted, and 
referred to the Committee on the Judicial 
Department. 

Mr. Switzler offered the following reso- 
lution : 

Resolved., That the Secretary of this Con- 
vention inform the Governor that the seat of 
Thomas B. Harris, of the Third district, has 
been declared vacant by this body ; and that 
he be requested to issue a proclamation 
ordering a special election , to fUl the vacancy 
tiius occasioned. 

Mr. FoLMSBEE moved to amend the reso- 
lution by striking out all after the word 
"body," and demanded the ayes and noes 
thereon; and the vote being taken, stood as 
follows : 

Ayes — Messrs. Barr, Childress. Clover, 
Cowden, Davis of Nodaway, Dodson, 
Drake, Ellis, Fille5^ Folmsbee, Foster, 
Fulkerson, Gamble, Gilbert of Lawrence, 
Gilstrap, Holdsworth, Holland, McPherson, 
Mack, Newgent, Mxdorf, Peck, Smith of 
Worth, Strong, Sutton, Swearingen, 
Weatherbv, Williams of Scotland, and IMr. 
President- 29. 

Noes — Messrs. Bush, D'Oench, Evans, 
Gilbert of Platte , Holcomb, Hughes, Linton, 
Morton, St. Gem, Switzler, and Thilenius — 
11. 

Absent with Leave — Messrs. Davis of 
New Madrid, Green, Hume, Husmann, 
Leonard, McKernan, Martin, Meyer, and 
Owens — 9 . 

Abseni without Leave — Messrs. Adams, 
Bedford, Budd, Bunce, Esther, Fletcher, 
Grammer, Henderson, Holland, Eankin, 
Eohrer, and Williams of Caldwell— 12 . 

Sick — Messrs. Bonham, Mitchell, and 
Smith of Mercer — 3. 

So the amendment was adopted. 



The resolution, as amended, was then 
adopted. 

On motion of Mr. St. Gem, Mr. Gilstrap 
was added to the Committee on the Judiciary. 

On motion of Mr. Davis of Nodawaj, the 
Convention adjourned until half-past 2 
o'clock P.M. 



AFTERNOON SESSION. 

Convention met pursuant to adjournment^ 
the President in the chair. 

On motion of Mr. Drake, the article on 
the Judicial Department Avas taken up . 

Mr. Drake moved to reconsider the vote 
adopting the amendment to section seventh, 
striking out the words "sixtj^-eight, " and 
inserting in lieu thereof the word ' ' seventy ; - ' 
which was agreed to . 

The question then recurring on the amend- 
ment, it was not agreed to. 

Mr. Drake moved to reconsider the vote 
adopting the amendment inserted in section 
fourteenth, between lines nine and ten; 
which Avas agj-eed to . 

Mr. Drake offered the following amend- 
ment to the amendment, which was adopted : 

Amend the amendment, to come in between 
lines nine and ten, of section fourteen, by 
striking out the word "seventy," and 
inserting in heu thereof the words ' 'sixty- 
eight. "" 

And the amendment as amended w^as 
adopted . 

Mr. Drake moved to reconsider the vote 
adopting a new section to come in after sec- 
tion fourteenth, which was agreed to. 

Mr. Drake moved to amend said new sec- 
tion by striking out the word ' ' seventy , ' ^ 
and inserting in lieu thereof the words 
' 'sixty -eight, • ' which v/as agreed to.» 

And the said section, as amended, was 
then adopted. 

Mr. Drake offered the following amend- 
ment, which was adopted: 

Amend section eighth, line third , by insert- 
ing, after the word '' election ," the words 
' ' occurrino- more than three months after 
the happening of such vacancy. ' ' 

Mr. Weatherby offered the following 
amendment: 

Strike out sections twentj^-first, twenty- 
second and twenty-third, and insert the fol- 
lowing in lieu thereof: 

Section — . A court of common pleas is 
hereby established in each county in the 



16T 



State, except St. Louis county, composed of 
one judo-e; and shall have jurisdiction in all 
places m\d matters as a court of probate ; 
of all misdemeanors on plaint or petition, 
and concurrent jurisdiction with justices of 
the peace and the circuit courts, in all actions 
wherein the debt or damages claimed, exclu- 
sive of interest, shall not exceed five hundred 
dollars ; ot actions for the recovery of per- 
sonal property, and actions of forcible entry 
and detainer; to foreclose mortgao;'es and 
enforce vendors' liens, which jurisdiction 
may be increased by the General Assembly. 
The circuits provided by law for the circuit 
courts, shall compose the circuits for the 
common pleas court, in each of which a 
judge shall be appointed by the Governor, 
or elected by the people, in the same man- 
ner and for the same period as judges of the 
circuit courts, and shall be entitled to the 
same salary, and paid quarterly by the coun- 
ties of his circuit, in such i)ortion as the 
judge of the circuit uiay determine. 

Sec. — . The court of common pleas shall 
be a court of record, and shall be held at the 
places of holding the circuit courts , and the 
county clerk of each county shall be the 
clerk of each court. 

Sec. — . The judges of common pleas 
.shall hold four teimsof the court of common 
pleas annually in each county, at such time 
as they shall determine, until othe]-wise pro- 
vided bj" law. xippeals and writs of error 
shall lie from the court of common pleas to 
the district or supreme court, in the same 
manner as from the cii'cuit court. 

Mr. Drake offered the following substitute 
for the amendment offered by Mr. Weath- 
erby : 

Strike out sections twenty-first, twenty- 
second and twenty-third, and insert in lieu 
thereof the following : Inferior tribunals , to 
be known as county courts, shall be estab- 
lished in each county for the transaction of 
all county business, and with such other 
jurisdiction as may be conferred by law^ 

Mr. Drake demanded the ayes and noes 
on his substitute, and the vote being taken, 
stood as follows : 



Ayes — Messrs. Barr, Bunce, Bush, 
Childress, Cowden, Navis of Nodaway, 
Dodson, D'Oench, Drake, Ellis, Evans, 
Fletcher, Folmsbee, Fulkerson, Gamble, 
Gilbert of Lawrence, Gilstrap, Holcomb, 
Holdsworth, Hughes, King, Linton, Mc- 
Pherson, Mack, Newgent, Peck, Sutton, 
Swearingen, Switzler, Thilenius, Williams 
of Scotland, and Mr. President— 33. 

Noes — Messrs. Foster, Gilbert of Platte, 
Morton, Eohrer, St. Gem, Smith of Worth, 
Strong, Weatherby, and Williams of Cald- 
well— 9. 

Absent with Leave— Messrs. Davis of 
New Madrid, Green, Hume, Husmann, 
Leonard, McKernan, Martin, Meyer, and 
Owens— 9. 

Absent without Leave — Messrs. Adams, 
Bedford, Budd, Clover, Esther, Filley, 
Grammer, Holland, and Eankin — 9. 

Sick — Messrs. Bonham, Henderson, 
Mitchell, and Smith of Mercer — 4. 

So the substitute was adopted. 

Mr. Drake offered the following amend- 
ment : 

Amend section twenty-two by adding 
thereto the following: The judge of the 
probate court shall be ex-offido one of the 
justices, and the presiding justice, of the 
county court. 

Mr. Drake withdrew Ins amendment. 

Mr. Weatherby offered the following 
amendment : 

Amend section twenty-two by adding 
thereto the following: County courts and 
probate courts shall be established in each 
count}^ in this State, which shall have juris- 
diction of misdemeanors, and other subor- 
dinate jurisdiction. The probate court shall 
be composed of one judge, who shall also 
be one of the three, and the presiding judge, 
of the county court. 

Mr. Smith of Worth moved to refer the 
article and pending amendments to the 
Committee on the Judicial Department. 

On motion of Mr. King, the Convention 
adjourned until 9 o'clock to-morrow morn- 
ing. 



SIXTY-FIRST D^Y. 



TUESDAY, March 21st, 1805. 



Convention met pursuant to atljoiu-nmcnt, 
the President in the chair. 

Prayer by Rev. Mr. Armstrong. 

The pending motion of Mr. Smith of 
Worth was called up and rejected. 

Mr. Weatherby oftered the following, in 



lieu of the substitute presented by him 
yesterday : 

Strike out sections twenty -one. twenty- 
two, and twenty-three, and insert the fol- 
lowing: 

Sec. — . Inferior tribunals, for the trans- 
action of count v bnsiness, shall be estab- 



168 



tablished in each county ; and separate 
interior tribunals, in each county, composed 
of one judo-e, sliall he established, with 
probate jurisdiction, and such other juris- 
diction as the General Assembly may provide. 
Sec. — . The judge of probate*^, in each 
county, shall be ex-officio a member of the 
county court of their county, and the pre- 
siding judge thereof. 

Which substitute, after debate, was 
rejected. 

The question then recm-ring on the amend- 
ment of Mr. Drake, Mr. Bonham moved to 
strike out all after the word "business;" 
which motion was rejected. 

The question then being on the amend- 
ment of Mr. Drake, he demanded the ayes 
and noes thereon, and the vote being taken 
stood as follows : 

Ayes — Messrs. Barr, Childress, Cowden, 
Drake, Evans, Fletcher, Fulkerson, Gam- 
ble, Gilbert of I.awrence, Henderson, 
Holcomb, McPherson, Mack, Newgent, 
Nixdorf, Peck, Rankin, Sutton, Swearin- 
gen, Switzler, and Mr. President — 21. 

Noes — Messrs. Bonham, Bush, Davis of 
Nodaway, Dodson, D'Oench, Folmsbee, 
Gilbert of Platte, Gilstrap, King, Linton, 
Morton, Owens, Rohrer, St. Gem, Smich of 
Worth, Strong, Thilenius, Weatherby and 
WiUiams of Scotland— 19. 

Absent with Leave — Messrs. Davis of 
New Madrid, Hume, Husmann, Leonard, 
McKernan, Martin, and Meyer — 7. 

Absent without Leave — Messrs. Adams, 
Bedford, Budd, Bunce, Clover, Ellis, 
Esther, Filley, Foster, Grammer, Holds- 
worth, Holland, Hughes, and Williams of 
Caldwell— 14. 

Sick — Messrs. Mitchell and Smith of 
Worth— 2. 

Excused— Mr . Green — 1 . 

So the amendment was adopted. 
Ml". Gilbert of Platte offered the follow- 
ing amendment : 

Amend section sixteen by adding thereto 
the following words: Nor of any court of 
record except countj^ comets, until he shall 
have been at least five years ahcensed, prac- 
ticing lawyer . 

Mr. Bunce moved to amend the amend- 
ment, by excepting Cooper county. 

]\Ir. Bonham offered the folio v/ing as a 
substitute for Mr. Gilbert's amendment: 

And have been licensed to practice law in 
the courts of some one of the United States 
for five years previous to his election. 

On motion of Mr. Drake, the amendment 
offered by Mr. Gilbert of Platte, together 
with the amendment thereto and substitute 
therefor were laid on the table. 



The question recurring on Mr. Drake's 
amendment to section twentieth, Mr. Strong 
moved to amend the amendment, as follows: 

Strike out the words "clerks of circuit 
courts and county courts," and insert as 
follows: "clerks of all other courts of 
record. ' ' 

Which was agreed to . 

Mr. Drake's amendment, as amended, was 
then adopted. 

Mr. Strong offered the following amend- 
ment, wdiich was adopted: 

Add, at the end of section twelfth, "and 
have been a qualified voter of this State for 
three years . ' ' 

Mr. Strong offered the following amend- 
ment, which was adopted: 

Amend section thkteen, hy inserting, in 
line one, after the word " circuits , ""^ the 
words ' 'not exceeding sixteen, of which the 
county of St. Louis shall constitute one. ' ' 

Mr. Bush offered the following additional 
section : 

Sec. — . The General Assembly may mod- 
ify or abolish the grand jurj' system. "^ 

On this question 3^Ir. Barr demanded the 
ayes and noes, and the vote being taken, 
stood as follows : 

Ayes — Messrs. Bush, Clover, D'Oench, 
Gamble, Holcomb, Newgent, Nixdorf, Ow- 
ens, Rohrer, and Weatherby — 10. 

Noes — Messrs. Barr. Bonham, Budd, 
Bunce, Childress, Cowden, Da^ds of Noda- 
way, Drake, Evans, Folmsbee, Fulkerson, 
Gilbert of Lawrence, Gilbert of Platte, 
Henderson, Hughes, King. Linton, McPher- 
son, Mack, Morton, Peck, Rankin, Smitli 
of Worth, Strong, Sutton, Swearingen, 
Switzler, Williams of Scotland, and 'Mr. 
President— 29. 

Absent with Leave— Messrs. Davis of 
New Madrid, Hume, Husmann, Leonard, 
McKenian, Martin, and Mej^er — 7. 

Absent without Leave — Messrs. Adams, 
Bedford, Dodson, Ellis, Esther, Filley, 
Fletcher. Foster, Gilstrap, Grammer. Green, 
Holdsworth, Holland, St. Gem, Thilenius, 
and Williams of Caldwell — 16. 

Sick — Messrs. JSlitchell and Smith of 
Mercer — 2 . 

So the amendment was rejected. 

Mr. Owens offered the following amend- 
ment : 

Strike out section eighteenth, and insert 
the following: The salary of each judge of 
the supreme com-t shall be four thousand 
dollars per annum, and the salary of each 
judge of the circuit court shall be three 
thousand dollars per annum, jjaj^able quar- 
terly, and shall not be increased or diminished 
during his continuance in office. 



169 



Mr. Drake moved to Vdj the ameiKlment 
on the table, and demanded the ayes and 
noes thereon; and the vote being taken, 
stood as follows: 

Ayes— Messrs. Barr, Bunce, Childress, 
Davis of Nodaway, Dodson, Drake, Ellis, 
Evans, Fnlkersbn, Gamble, Gilbert of 
Lawrence, Henderson, Hughes, King, 
McPherson, Mack, Morton, Newgent, Nix- 
dorf. Peck, Rankin, Sutton, Swearingen, 
Switzler, Williams of Caldwell, and Williams 
of Scotland— 26. 

Noes — Messrs. Bonham, Bush, Clover, 
D'Oench, Fletcher, Folmsbee, Gilbert of 
Platte, Gilstrap, Green, Holcomo. Linton, 
Owens, Smith of" Worth Strong, Weatherby , 
and Mr. President — 16. 

Absent with Leave — Messrs. Davis of 
New Madrid, Hume, Husmann, Leonard, 
McKenian, Martin, and Meyer — 7. 

Absent WITHOUT Leave — Messrs. Adams, 
Bedford, Budd, Cowden, Esther, Filley, 
Foster, Grannner, Holds^vorth, Holland, 
Rohrer, St. Gem, and Thilenius — 13. 

Sick — Messrs. Mitchell and Smith of 
Mercer — 2. 

So the amendment was laid on the table . 

Mr. Newgent moved to reconsider the 
vote on the adoption of Mr. Drake's amend- 
ment to sections twenty -one, twenty- two 
and twenty-three. 

On this motion Mr. Drake demanded the 
ayes and noes, which being taken, the vote 
stood as follows : 

Ayes — Messrs. Budd, Bush, Clover, 
Cowden, Dodson, D'Oench, Ellis, Evans, 
Fletcher, Folmsbee, Fulkerson, Gilbert of 
Platte, Gilstrap, Green, Henderson, Hol- 
comb, Linton, Morton, Newgent, Nixdorf, 
Owens, Rankin, Rohrer, Smith of Worth, 
Strong, Sutton, Sweariugen, Weatherby, 
Williams of Caldwell, and Mr. President— 
30. 

Noes— Messrs. Barr, Bonham, Bunce, 
Childress, Davis of Nodaway, Drake, Gam- 
ble, Gilbert of Lawrence, Hughes, King, 
McPherson, Mack. Peck, and Williams of 
Scotland — 14. 

Absent with Leave — Messrs. Davis of 
New Madrid, Hughes, Hume, Husmann, 
Leonard, McKernan, Martin, and Meyei" — 8. 

Absext without Leaa^^: — Messrs. Adams, 
Bedford, Esther, Fillej^ Foster, Grammer, 
Holds worth, St. Gem, Switzler, and Thi- 
lenius— 10. 

Sick— Messrs. Mitchell and Smith of Mer- 
cer — 2. 

So the motion to reconsider was agreed to. 
Mr. Weatherby offered the following 
amendment, which was disagreed to: 

Strike out sections twenty-second and 
twenty-third, and insert as follows: Tliere 
shall be established, in each senatorial dis- 
trict in this State, a probate court, which 



shall be a court of record, open at all times, 
and holden by one judge (elected by the 
voters of the "district), who shall hold his 
office for the term of six years, and shall 
receive such compensation, payable out of 
the county treasuries of the counties com- 
posing the district (or fees, or both), as shall 
be provided by law. 

The questio]! then recurring on Mr. Drake's 
amendment, he withdrew the same, and 
offered the follov/ing in lieu thereof, which 
was adopted: 

Strike out sections twenty-first, twenty- 
second, and twenty-third, and insert in lieu 
thereof the following: 

Sec. 21. Inferior tribunals, to be knoAvn 
as county courts, shall be established in each 
county, for the transaction of all county 
business. In such courts, or in such other 
tribunals inferior to the circuit courts as the 
General Assembl,y may establish, shall be 
vested the jurisdiction of all matters apper- 
taining to probate business ; to granting let- 
ters testamentary and of administration ; to 
settling the accounts of executors, adminis- 
trators, and guardians; and to the appoint- 
ment of guardians, and such other jurisdic- 
tion as may be conferred by law. 

Mr. Green offered the following amend- 
ment, wdiich was rejected: 

Amend section eleventh by striking out, 
in second line, the words ' 'and upon solemn 
occasions . ' ' 

Mr. Strong moved to strike out section 
eleventh, which was rejected. 

On motion, the Convention adjourned 
until half-past 2 o'clock P.M. 



AFTERNOON SESSION. 

Convention met pursuant to adjournment, 
the President in the chair. 

Mr. Barr moved to reconsider the vote on 
Mr. Strong's amendment to section thir- 
teenth . 

After debate, Mr. Barr withdrew his 
motion . 

Mr. Strong moved to reconsider the vote 
on the adoption of the amendment of Mr. 
Drake, to add an additional section after 
section eleventh of the article on Judicial 
Department, establishing district courts. 

Mr. Budd moved to lay the motion of 3[r. 
Strong on the table, and on this motion Mr. 
Bonham demanded the ayes and noes, and 
the vote being taken, stood as follows: 

Ayes— Messrs. Bonham, Budd. Bunce, 
Childress, Davis of Nodawav, Drake. Evans, 



170 



Fiilkerson, Gamble, Gilbert of Lawrence, 
Henderson, Holds worth, McPlierson, Mack. 
Peck, Eankin, Sutton, and Williams of 
Caldwell— 18. 

Noes— Messrs. Barr, Busli, Clover, Dod- 
son, Fletclier, Folmsbee. Foster, Gilbert of 
Platte, Gilstrap, King, Linton, Morton, 
Mxdorf, Owens, Eolirer, St. Gem, Smith 
of Worth, Strong, Svs'earingen, Switzler, 
Thilenius, Weatherby, Williains of Scotland, 
and Mr. President— 24. 

Absent with Leave — Messrs. Davis of 
New Madrid, Holland. Hume, Husmann, 
Leonard, McKernan, Martin, and Mever 
—8. 

Absent without Leave — Messrs. xidams, 
Bedford, D'Oench, Ellis, Esther, Filley, 
Grammer, Green, Hoi comb, Hughes, and 
Newgent — 11 . 

Sick — Messrs. Cowden, Mitchell, and 
Smith of Mercer— 3. 

So the motion to lay on the table was re- 
jected. 

The question then recurring on Mr. 
Strong's motion to reconsider, Mr. Bon- 
ham demanded the aj^es and noes, and the 
vote being taken, stood as follows: 

Ayes — Messrs. Bush. Dodson, Fletcher, 
Foster, Gilbert of Platte, Gilstrap, Lin- 
ton, Morton, Newgent, Nixdorf, Owens, 
Pvohrer, St. Gem, Smith of Worth, Strong, 
Swearingen. Switzler, Thilenius, Weatherbj'. 
Williams of Caldwell, and Mr. President— 
21. 

Noes — Messrs. Ban-, Bonham, Budd, 
Bunce, Childress, Clover, Cowden, Davis of 
Nodaway, Drake, Evans, Folmsbee, Ful- 
kerson. Gamble, Gilbert of Lawrence, 
Henderson, Holdsworth, King, McPherson, 
Mack, Peck, Eankin, Sutton, Williams of 
Scotland— 23. 

Absent with Leave — Messrs. Davis of 
New Madrid, Holland, Hume. Husmann, 
Leonard, McKernan, Martin, and Meyer — 8. 

Absent without Leave — Messrs. Adams, 
Bedford, D'Oench, Ellis, Esther, Filley, 
Grammer, Green, Holcomb, and Hughes— 
10. 

Sick— Messrs. Mitchell and Smith of Mer- 
cer— 2. 

So the motion to reconsider was rejected. 
Mr. Drake offered the following amend- 
ment: 

Add to section thirteenth the following: 
After the year one thousand eight hundred 
and seventy, tlie General Assenibly may in- 
crease the number of judicial circuits as the 
public interest maj' require . 

Mr. Owens moved to amend the amend- 
ment of Mr. Drake as follows: 

Strike out all before the year one thousand 
eight hundred and seventy^ 

Which was rejected. 



The question then being on the amend- 
ment of Mr. Drake, Mr. Williams of Cald- 
well demanded the ayes and noes, and the 
vote being taken , stood as follows : 

Ayes — 3Iessrs. Barr, Bonham, Budd, 
Bunce, Childress, Cowden, Doclson, Drake, 
Evans, Folmsbee, Gilbert of Lawrence, 
Henderson, Holdsworth, King, McPherson, 
Mack, Peck, Rankin, Sutton, and Williams 
of Scotland— 20. 

Noes — Messrs. Bush, Clover, Davis of 
Nodaway, Fletcher. Foster, Fulkerson, 
Gamble,' Gilbert of Platte, Gilstrap, Linton, 
Morton, Newgent, Nixdorf, Owens, Rohrer, 
St. Gem, Smith of Worth, Strong, Swear- 
ingen, Switzler, Thilenius, Weatherby, 
Williams of Caldwell, and Mr. President 
—24. 

Absent with Leave — Messrs. Holland, 
Hume, Husmann, Leonard, McKernan, 
Martin, and Meyer — 7. 

Absent without Leave — Messrs . Adams, 
Bedford, Davis of New Madrid, Ellis, Es- 
ther, Filley, Grammer, Green, Holcomb, 
and Hughes — 10. 

Sick— Messrs. D'Oench, Mitchell, and 
Smith of Mercer — 3. 

So the amendment was not agreed to . 

Mr. Drake moved to reconsider the vote 
upon the amendment offered by Mr. Strong 
to section thirteen, inserting, after the word 
"circuits," in the first line, the words 
"not exceeding sixteen, of which the 
county of St. Louis shall constitute one." 

Mr. St. Gem moved to lay the motion on 
the table ; on which Mr. Gilstrap demanded 
the ayes and noes, and the vote being taken, 
stood as follows: 

Ayes — Messrs. Bush, Da\is of Nodaway, 
Fletcher, Foster, Gamble, Gilbert of Platte, 
Linton, Morton, Nixdorf, Owens, Rohrer, 
St. Gem, Strong, Sutton, Switzler, Thi- 
lenius. Weatherby, and Williams of Scot- 
land— 18. 

Noes — Messrs. Barr, Bonham, Budd, 
Bunce, Childress, Clover, Cowden, Dod- 
son, Drake, Evans, Folmsbee, Fulkerson, 
Gilbert of Lawrence, Gilstrap, Henderson, 
Holdsworth, King, McPherson, Mack, 
Newgent. Peck, Rankin, Smith of Worth, 
Swearingen, WiUiams of Caldwell, and Mr. 
President — 26. 

Absent with Leave — ^Messrs. Holland, 
Hume, Husmann, Leonard, McKernan. 
Martin, and Meyer — 7. 

Absent without Leave — Messrs. Adams, 
Bedford, Davis of New Madrid, Ellis, 
Esther, Filley, Grammer, Green, Hol- 
comb, and Hughes — 10. 

Sick — Messrs. D'Oench, Mitchell, and 
Smith of Mercer — 3. 

So the motion to lay on the table the motion 
to reconsider was not agreed to . 
The question then being on J^Ir. Drake's 



171 



motion, he clemaiicled the ayes and noes 
thereon; and the vote being taken, stood as 
follows : 

Ayes — Messrs. Barr, Budd, Bunce, 
Clover, Cowden, Dodson, Drake, Evans, 
Gils trap. King", McPherson, Mack, Nixdorf, 
Peck, Sankin, Sntton, Swearing-en, and 
Williams of Caldwell— 18. 

ISToES — Messrs. Bonham, Bnsli, Davis of 
Nodaway, Folmsbee, Foster, Fiilkerson, 
Gamble," Gilbert of Lawrence, Gilbert of 
Platte, Henderson, Holcomb, Holds worth, 
Linton, Morton, Xewgent, Owens. Eohrer, 
Smith of Worth, Strong, Switzler, Thilenins, 
Weatherb}', Williams of Scotland, and Mr. 
President— 24 . 

Absent with Leave — Messrs. Holland, 
Hume, Husmann, Leonard, McKernan, 
Martin, and Meyer — 7. 

Absent WITHOUT Leave — Messrs. Adams, 
Bedford, Chiidress, Davis of New Madrid, 
Ellis, Esther, Filley. Fletcher, Grammer, 
Green, Hughes, and St, Gem— 12. 

Sick — Messrs. D'Oench, Mitchell, and 
Smith of Mercer— 3. 



So the motion to reconsider was not 
agreed to. 

On motion of Mr. Drake, the article on 
the Judiciary Department was ordered to be 
engrossed for a third reading. 

Mr. Budd moved to discharge the Com- 
mittee of the Whole from the further 
considei-ation of the article on State Indebt- 
edness, and to consider it now in Convention ; 
which was agreed to . 

Mr. Owens moved that a committee of 
nine be appointed — one from each congres- 
sional district— to divide the State by 
counties into sixteen judicial circuits, and 
they report at an early day as practicable: 
which was agreed to. 

Mr. Budd moved to take up the article on 
State Indebtedness ; which was agreed to. 

Pending the consideration of which, on 
motion, the Convention adjourned until 9 
o'clock to-morrow morning. 



SIXTY-SECOND D^Y. 



WEDNESDAY, March 22d, 1865. 



Convention met pursuant to adjournment, 
the President in the chair. 

Mr. Drake offered the following- reso- 
iution : 

Resolved, That the Committee on Judicial 
Circuits be instructed to report a division of 
the State hito four judicial districts, with the 
times and places of holding district courts 
therein . 

The President announced the following 
named g-entleraen as a committee to divide 
the State into sixteen judicial circuits, as 
provided for in the motion of Mr. Owens, 
agreed to yesterday : 

Messrs. Clover. Owens, Sutton, Mack, 
Foster, Gilbert of Platte, Weatherby, Gil- 
strap, and Holdsworth. 

Mr. Strong moved to amend the resolu- 
tion offered by Mr. Drake, bj'' striking out 
the word "four" and inserting "five;" 
which was agreed to . 

Mr. Drake's resolution as amended was 
then adopted. 

On motion of Islv. Holcomh, the leave of 
absence granted to Mv. Leonard, was 
extended for one week. 



On motion of Mr. Smith of Mercer, leave 
of absence was granted to the Sergeant-at- 
arms for two days . 

On motion of Mr. Barr, the regular order 
of this day, being the ordinance for the 
organization of the Missouri militia, was 
taken up . 

Mr. Barr offered the following amend- 
ment thereto: 

Strike out section two and insert the fol- 
lowing: The Governor may nominate, 
and by and with the consent of the Senate, 
appoint one brigadier o-eneral for each 
brigade reo^ularly organized and ordered into 
active service; each "brigade thus organized 
and ordered into actual service by tlie com- 
mander-in-chief, shall not be composed of a 
less number than tbree regiments, consist- 
ing of eight hundred and thirty men each. 

The question being* on the amendment 
of Mr. Barr, Mr. St. Gem demanded the 
ayes and noes thereon, and the vote being* 
taken , stood as follo^^■s : 

Ayes — Messrs. Barr, Bedford, Bonham. 
Bunce, Bush, Childress, Ch>ver, Davis of 
Nodaway, Drake, Ellis, Evans, Filley. 
Fletcher, Folmsl)ee. Foster, Fulkersoii, 
Gilbert of Lawrence, Green, Henderson, 



172 



Holcomb, Holdsworfh, Kino-, Linton, Mc- 
Pherson. Mack, Xixdorf, Peck, Kankin, 
Eohrer, Smith of Mercer, Smith of Worth, 
Strong. Sutton. Swearingen. Weatlierbv, 
Williams of Caldwell, and Mr. President— 37. 

]S'OES^]\Iessrs. Dodson, D'Oench. Gam- 
ble, Gilbert of Platte, Gilstrap, Morton, 
Newgent. Owens, St. Gem, Thilenins, and 
Williams of Scotland — 11. 

Absext with Lea^^ — ^jVlessrs. Davis of 
oSTew Madi-id, Holland, Hume, Husmann, 
Leonard, McKernan. Martin, and Meyer— 8. 

Absent without Leave — Messrs. Adams, 
Esther, Grammer, and Switzler — i. 

Sick — Messrs. Bndd, Cowden, Hughes, 
and Mitchell— 4. 

So the amendment was adopted . 

Mr. Drake oifered the following amend- 
ment, which was adopted: 

Amend by striking out section first, and 
inserting, 'in lieu thereof, the following: 
The organization of the militia of this 
State, under the act of the General Assem- 
bly, entitled "An act for the organization 
and government of the Missouri militia, ' ' 
approved Febi'uary 10, 1865, may be made 
at such time as the Governor may direct, 
anything in the twenty-first section of said 
act to tlie contrary notwithstanding. 

Mr. Strong offered the following amend- 
ment: 

Strike out sections one and two, and in- 
sert, as section one, the followino-: 

Section 1. As soon as the militia shall be 
enrolled, they shall organize themselves 
into platoons 'and companies, within such 
time as the Governor shall direct; and if 
they fail to organize within the time named, 
the Governor shall oro-anize them into com- 
panies, and commission competent officers 
to command them. He shall also organize 
said companies into regiments, and appoint 
the necessary regimental officers. 'No com- 
pany of militia shall be called into actual j 
service, or taken from the county in which 
it is organized, except to repel factual in- 
vasion, or to resist and capture, or destroy, 
armed bands of murderers or marauders. 
The Governor may appoint two general offi- 
cers of experience and skill, Avith the rank 
and pay of colonel, to superintend the en- 
rollment and organization of the militia, as 
herein pro^-ided for, under direction of the 
Governor; and no officers of higher grades 
than in this ordinance are specified, shall be 
appointed . All acts or parts of acts incon- 
sistent herewith are hereby repealed. 

The question being on the amendment of 
Mi\ Strong, Mr. Mack demanded the ayes 
and noes thereon, and the vote being taken, 
stood as follows : 

Ayes — Messrs. Bedford, Childress, Evans, 
Fulkerson, Gilbert of Lawrence, Platte, 
Henderson, Mack, Morton, Xewgent. Nix- 
dorf, Owens, Kankin, St. Gem", Smith of 



Worth, Strong, Swearingen, S^xitzler. and 
Williams of Scotland— 19, 

XoES — Messrs. Barr, Bonham, Bunce, 
Bush, Clover, Davis of ]SJodaway, Dodson, 
D'Oench, Drake, Filley, Fletcher, Folms- 
bee, Gamble, Gilstrap. Green. Holcomb, 
Holds worth. King, Linton, McPherson, 
Peck. Eohrer. Smith of Mercer, Sutton, 
Weatherby, and Mr. President— 26. 

Absent with Leave — Messrs. Davis of 
Xew Madrid, Holland. Hume. Husmann, 
Leonard , ]McKernan , Martin . and Meyer— 8. 

Absent without Leave — Messrs. Adams, 
Ellis, Esther, Foster, Grammer, Thilenius, 
and Williams of Caldwell — 7. 

Sick— Messrs. Budd, Cowden, Hughes, 
and Mitchell— 1. 

So the amendment was not agreed to. 

]Mi'. Bonha:m offered the following amend- 
ment : 

Amend section two by prefixing thereto 
the foUowino' words: ''There shall be no 
military grade higher than a brigadier gen- 
eral, and." 

Which was adopted. 

Mr. Bonham moved to strike out section 
third of the ordinance for the organization of 
the Missouri militia; which motion was 
withdrawn, 

Mr. Drake moved to reconsider the vote 
by which the second section of the militia 
ordinance was stricken out, and IsLr. Barr's 
substitute w^as adopted. 

On which, Mr. Bonham demanded the 
ayes and noes, and the vote being taken, 
stood as follows: 

Ayes — Messrs. Bunce. Bush, Clover, Dod- 
son, Drake, Gamble, Gilbert of Platte, King, 
Linton, Swearingen. and Thilenius — 11. 

NoeS' — Messrs. Barr, Bedford, Bonham, 
Childress, Davis of Xodaway, D'Oench, 
Evans, Fletcher, Folmsbee. Gilbert of Law- 
rence, Henderson, Holcomb, Holds worth, 
Mack, Newgent, Nixdort, Peck, Eohrer, 
Smith of Mercer. Smith of Worth, Strong, 
Sutton, Weatherby, and Williams of Scot- 
land— 24. 

Absent with Leave — Messrs. Da^is of 
Xew Madrid, Holland. Hume, Husmann, 
Leonard, McKernan, Martin, andMe3^er — 8. 

Absent without Leave — ^]yiessrs. Adams, 
Ellis, Esther, Filley, Foster, Gilsti-ap. Gram- 
mer. Green, McPherson, Morton, Owens, 
Eankin. St. Gem, Switzler. Williams of 
Caldwell, and Mr. President — 16. 

Sick — Messrs. Budd, Cowden, Hughes, 
and Mitchell — 4. 

Excused — Mr. Fulkerson — 1. 

So the motion to reconsider was not 
agreed to. 

On motion of Mr. Fletcher, leave of ab- 
sence was granted Mr. St. Gem for this 
afternoon. 



1T3 



Mr. Strong offered the tbllowin«' as an 
additional section : 

This ordinance shall take effect from and 
after its adoption, and all acts and ordi- 
nances inconsistent herewith are hereby 
repealed. 

Pending which, the Convention adjourned 
initil half-past 2 o'clock P. M. 



AFTERNOOI^ SESSION. 

Convention met pursuant to adjournment, 
the President in the chair. 

The Convention ordered a call of the house, 
and the following members responded to 
their names: 

Messrs. Bonham, Childress, Davis of 
Kodaway, Dodson, Drake, Folmsbee, Fos- 
ter, Fuikerson, Gamble, Gilbert of Lawrence, 
Henderson, Holdsworth, King, McPherson, 
Mack, Newgent, JSfixdorf, Owens, Peck, 
Eankin, Eohrer, Sutton, Thilenius, Wil- 
liams of Caldwell, Williams of Scotland, and 
Mr. President>— 26. 

Absent with Leave — Messrs. Davis of 
New Madrid, Holland, Hume, Husmann, 
Leoiuird, McKernan, Martin, and Meyer— 8. 

Sick— Messrs. Budd, Cowden, Hughes, 
and Mitchell — 4. 

Absent without Leave — Messrs. Adams, 
Barr, Bedford, Bunce, Bush, Clover, 
D'Oench, Ellis, Esther, Evans, Filley, 
Fletcher, Gilbert of Platte, Gilstrap, Gram- 
mer. Green, Holcomb, Linton, Morton, 
St. Gem, Smith of Mercer, Smith of Worth , 
Strong, Swearingen, Switzler, and Weatherby 
— 26. 

The Sergeant-at-arms reported Messrs. 
Strong, Bush, Gilbert of Platte, Holcomb 
and Green without the bar, and under arrest. 

Messrs. Strong and Bush rendered their 
excuse; and on motion of Mr. Folmsbee, 
they were excused by the Convention. 

On motion of Mr. Newgent, further 
proceedings under the call were dispensed 
with . 

Mr. Bush moved to refer the ordinance for 
the organization of the Missouri militia, with 
its amendments, to a special committee; 
which motion was agreed to. 

The PiiESiDENT announced the following 
as said committee : Messrs. Barr, Foster and 
Strong. 

On motion of Mr. Dkake, the article on 
the Mode of amending and revising the 
Constitution w^as taken up. 

Mr. Drake called up the amendment, 
previously offered by him, to said article, 
and which, modified by liini, is as follows: 



Strike out section third, and insert in lieu 
thereof the following : The General Assembly 
may, at any time or times after the year one 
thousand eight hundred and seventy, 
authorize, by law, a vote of the people to be 
taken upon the question whether a Conven- 
tion shall be held for the purpose of revising 
and amending the Constitution of this State; 
and if, at such election, a majority of the 
votes on the question be in favor of a Con- 
vention, the Governor shall issue w^rits to 
the sheriff's of the different counties, ordering 
the election of delegates to such a Convention, 
on a day wdthin three months after that on 
w^hich the said question shall have been 
voted on. At such election, each senatorial 
district shall elect two delegates for each 
Senator to w^hich it may then be entitled in 
the General Assembly, and every such 
delegate shall have the qualifications of a 
Senator. The election shall be conducted in 
conformity with the laws regulating the 
election of Senators. The delegates so 
elected shall meet on the foin-th Wednesday 
succeeding their election, at such place as 
may be provided by law, and organize 
themselves into a Convention, in such man- 
ner as they may determine upon, and proceed 
to revise and amend the Constitution ; and 
the Constitution, when so revised and 
amended, shall, on a day to be therein fixed, 
not less than sixty nor more than ninety days 
after that on wdiich it shall have"^ been 
adopted by the Convention, be submitted to 
a vote of the people for and against it, at an 
election to be held for that purpose only ; and 
if a majority of all the votes given be in favor 
of such Constitution, it shall, at the end of 
thirty days alter such election, become the 
Constitution of this State. The result of 
such election shall be made known by 
proclamation by the Governor . The General 
Assembly shall have no powder, otherwise 
than as in this section specified, to authorize 
a Convention for revising and amending the 
Constitution. 

Mr. Switzler moved to amend Mr. 
Drake's amendment, as follow^s: 

Strike out of the first and second lines the 
words ' 'or times after the year one thousand 
eight hundred and seventy . ' ' 

Which amendment was accepted by Mr. 
Drake . 

Pending wiiich, Mr. Gilstrar offered the 
following amendment : 

Amend bj' adding to the amendment: Pro- 
vided, That this Constitution shall be sub- 
mitted to a vote of the people, for their 

ratification or rejection, on the day 

of . 

After debate, Mr. Gilstrar withdrew his 
amendment. 

The question being on the adoption of 
the amendment olfered by ^Ir. Drake, he 



174 



demanded the ayes and noes thereon, and 
the vote being taken, stood as follows: 

Ayes — Messrs. Barr, Bedford, Bonham, 
Childress, Clover, Davis of Nodaway, Dod- 
son, D'Oeneh, Drake, Evans, Folmshee, 
Fulkerson, Gamble, Gilbert of Lawrence, 
Gilbert of Platte, Green, Henderson, King, 
M.cPherson, Mack, Morton, ISTewgent, Nix- 
dorf, Peck, Rankin, Smith of Mercer, Smith 
of Worth, Strong, Sutton, Swearingen, 
Weatherby, Williams of Caldwell, and Wil- 
liams of Scotland — 33. 

Noes — Messrs. Bush, Gilstrap, Holcomb, 
Linton, Owens, Thilejiius, and Mr. Presi- 
dent — 7 . 

Absext with Leave— Messrs. Davis of 
New Madrid, Holland, Hume, Husmann, 
Leonard, McKernan, Martin, Meyer, and 
St. Gem — 9. 

Absent without Leave — ^IMessrs. Adams, 
Bunco, Esther, Filley, Fletcher, Foster, 
Grammer, Holdsworth, Koln-er, and Svvitz- 
ler— 10. 

Sick — Messrs, Budd, Cowden, Hughes, 
and Mitchell — 4. 

Excused — Mr. Ellis — 1. 

So the amendment was adopted . 

Mr. Drake offered the following amend- 
ment, which was adopted: 

Amend section two by striking out the 
words ' ' having the largest circulation 
therein. " 

Mr. GiLSTKAP offered the following amend- 
ment, which Avas adopted: 

Strike out, in seventh line, second section, 
the word "coming," and insert ' 'ensuing. ' ' 

Mr. Bush offered the following amend- 
ment, which was rejected: 

Insert in section three, after the Avord 
"time," the words, "and shall not, later 
than in the year 1880, and each twentieth 
year thereafter. ' ■ 

Mr. Gilstrap offered the following amend- 
ment, Avhich Avas adopted: 

Amend section two, line thirteen, b3' 
striking out the AA'ord "parts," and insert 
in lieu thereof the words "a part. ' ' 



On motion of Mr. Gilstrap, the article on 
the Mode of amending and rcAdsing the Con- 
stitution, as amended, Avas ordered to be 
engrossed for a third reading. 

Mr. Drake offered the folio AAing resolu- 
tion : 

Resolved^ That the Committee on the 
Legislative Department be instructed to re- 
port, by ordinance or otherAxise, provisions 
for the submission of the Constitution 
adopted by this Convention to a vote of the 
people for ratification . 

On this, Mr, Drake demanded the pre- 
A'ious question, Avhich AA'^as sustained. 

The question then being on the resolu- 
tion offered by Mr. Drake, Mr. Cloa^er 
demanded the ayes and noes thereon, and 
the vote being taken , stood as folloAVS : 

Ayes — Messrs. Barr, Bedford, Bonham, 
Bunce, Bush, Childress, Clover, Davis of 
Nodaway, Dodson, Drake, Ellis, EA^ans, 
Folmsbee, Fulkerson, Gamble, Gilbert of 
LavATence, Gilbert of Platte, Gilstrap, Green, 
Henderson. Holcomb, Holdsworth, IGiig, 
Linton, McPherson, Mack, Morton, Ncav- 
gent, Nixdorf, Ovrens, Peck, R.ankin, 
Rohrer, Smith of Mercer, Smith of Worth, 
Strong, Sutton, Swearingen, Switzler, 
Thileiiius, Weatherby, Williams of Cald- 
Avell, Williams of Scotland, and Mr. Presi- 
dent— 44. 

Noes — None. 

Absent with Leave— Messrs. Davis of 
New Madrid, Holland, Hume, Husmann, 
Leonard, McKernan, Martin, Meyer, and 
St. Gem— 9. 

Absent avithout Leave — Messrs. Adams, 
D'Oeneh, Esther, Filley, Fletcher, Foster, 
an d Gram mer — 7 . 

Sick— Messrs. Budd, CoaatIcu, Hughes, 
and Mitchell — 4. 

So the resolution Avas unanimously 
adopted. 

On motion, ConA'ention adjourned until 9 
o'clock to -morrow morning. 



SIXTY-THIRD DA.Y- 



THURSDAY, March 23d, 1865. 



Convention met pursuant to adjournment, 
the President in the chair. 

Mr. Barr called up the resolution offered 
by Mr. Smith of Worth, on the eighth day 
of the session of this body, relative to print- 



ing four thousand nine hundred copies of the 
Ordinance of Emancipation. 

Mr. Gilstrap moved to rescind the reso- 
lution offered by Mr. Smith of Worth, on the 
eighth day of the session of this body, rela- 



175 



tive to printing four thousand nine hundred 
copies of the Ordinance of Emancipation. 

Mr. Hughes demanded the previous ques- 
tion , which was sustained by tlie Conven- 
tion. 

The question then being on the motion of 
Mr. GiLSTRAP, the same was carriod. 

On motion of Mr. Bonham, the article on 
Eaih'oad Indebtedness was tal^en up . 

Mr. BuDD offered the following amend- 
ment: 

Strike out the word "March," in the 
sixth line of section first, and insert in lieu 
thereof "July.^' 

Which was agreed to . 
'Mr. GiLSTRAP offered the following sub- 
stitute for the article on Railroad Indebted- 
ness, and other articles therewith connected : 

ARTICLE — . 
Railroads^ and State IndehtedMess . 

SECTiOiSr 1. The General Assembly shall 
have no power to release, diminish, or per- 
mit to be encumbered, any mortgage lien, 
statutory lien or other secm-ity which the 
State now holds upon the propertj^ — real, 
X)ersonal, or mixed — of any railroad com- 
pany incorporated under the lavfs of this 
State, for the payment of any debt or other 
liability, due or to become due to said State 
from any such railroad company, except 
upon pjiyment in money. IvTor shall the 
General Assembly have any power to loan 
the credit of the State, in the form of bonds , 
guarantees, securities, or otherwise; or to 
loan money to any railroad company. 

Sec. 2. The property — real, personal, and 
mixed — of any* railroo!d company, and all 
other private corporations within *this State, 
shall be subject to taxation, in the same 
manner and to the same extent as tlie prop- 
erty of the citizens of the State is subject to 
taxation, anything in their charteis to the 
contrary notwithstanding. 

Sec. 3. No railroad company shall be 
taxed upon its tonnage freight, or carrying 
l)usine:^s, nor upon the passengers carried by 
it; nor sliall any railroad company be per- 
mitted to charge any greater rate per mile, 
for freight or passage, than that tixed by 
law. 

Sec. 4. The General Assembly shall pro- 
vide, ])y law, for the payment of the State 
debt; a\id for that purpose may set apart, as 
a sinking fund, sucli part of the State reve- 
luie as they may think expedient. 

Mr. BoNHAivr moved to pass over the arti- 
cle on Railroad Indebtedness, temporarily, 
and order the substitute olli'red by Mr. Gil- 
strap tor the same to be printed; which was 
carried . 

On request of Mr. Rouuer, leave of 
absence was granted to Mr. Nixdorf for 
five days. 



The Chairman of the Committee on the 
Legislative Department presented the tol- 
lo'.ving additional article, entitled "Pro- 
visions for putting this Constitution into 
force," w^hich was read a first and second 
time, and ordered to be printed: 

ARTICLE — . 

Provisions for putting this Constitution into 
force . 

Section 1. The preceding parts of this 
instrument shall not take effect unless this 
Constitution be adopted by the people, at 
the election to be held as hereinatter directed; 
but the provisions of this article shall be in 
force from the day of the adoption of this 
Constitution by the representatives of the 
people in their Convention assembled . 

Sec. 2. For the purpose of ascertaining 
the sense of the people in regard to the 
adoption or rejection of this Constitution, 
the same shall be submitted to the qualified 
voters of the State, at an election to be held 

on the day of , one thousand eight 

hundred and sixty -five, at the se\'eral 
election precincts in this State, and else- 
where, as hereinafter provided. On that 
day, or on any day not more than fifteen 
days prior thereto, such qualified voters of 
this State as shall then be absent from the 
places of their residence, by reason of being 
in the military service of the United States, 
or of this State, whether they then be in or 
out of this State, shall be entitled to vote on 
the adoption or rejection ot this Constitu- 
tion. For that purpose a poll shall be 
opened in eacli Missouri regiment or com- 
pany in such service, at the quarters of the 
commanding officer thereof, and the voters 
of this State belon^ging to such regiment or 
company, and any others belonging to any 
such regiment or company, and who may 
be present, may vote at such poll . An}' one 
or two commissioned otncers of such regi- 
ment or company, who may be present at 
the opening of the poll, shall act as judge 
or judges of the election; and if no" such 
otficer be present, then the voters of such 
regiment or company present shall elect 
two of the voters present to act as such 
judges. Every such judge shnll, before any 
Votes are received, take an oath, or attirma- 
tion, that he will honestly and faithfully 
perform the duties of judge, and make 
proper returns of the votes given at such 
election; and such oath the judges may 
adminisrer to each other. In any" election 
held in a regiment or company.' the polls 
shall be opeiied at eight o'clock, A. M., 
and closed at six o'clock, F. ^l. 

Sec. 3. The election provided for iti the 
next preceding section shall be by ballot. 
Tliose ballots "in favor of the Constitution 
shall hav(^ written or printed thereon the 
words "New Constitution — Yes:" tliose 
against the Constitution shall have written or 
printed thereon the words • 'New Constitu- 
tion — No. ' ' 



176 



Sec. 4. The said election shall be con- 
ducted hy, and the returns thereof made to, 
the clerks of the several county courts, and 
hj them certified to the Secretary of State, 
as provided by law in the case of elections of 
State officers ; and where an election shall be 
held in a regiment or company, the returns 
thereof, with the poll -books, shall be certi- 
fied to the Secretary of State, and may be 
transmitted by mail, or by any messenger to 
whom the judges of the election may entrust 
the same for that purpose. 

Sec. 5. Any qualified voter of this State, 
within the State , who , on the day of said 
election, shall be absent from the place of his 
residence, may vote at any place of voting, 
upon satisfj'ing the judges that he is a 
qualified voter, and being sv>'orn by them 
that he has not voted, and ^^^ll not vote, in 
said election, at any other election precinct. 

Sec. 6. At said election, no person shall 
be allovN'ed to vote who is not a qualified 
voter according to the terms of this Consti- 
tution. The judges of election shall admin- 
ister, to every person offerino- to vote, the 
oath or affirmation pi-escribed by this 
Constitution, in lieuof the oath now required 
to be taken bj" voters, under the ordinance 
of June 10, 1862; and should any such 
person decline to take said oath, he shall not 
be permitted to vote at said election; but the 
taking thereof shall not be deemed conclusive 
evidence of the right of such person to vote , 
but such right may be disputed and disproved. 

Sec. 7. On the day of next 

ensuing said election, the Secretary of State 
shall, in presence of the Governor, the 
Attorney General, or the State Auditor, 
proceed to examine and cast up the returns 
of the votes taken at said election, and 
certified to him, including those of persons 
in the military service; and if it shall appear 
that a majority of all the votes cast at'^such 
election were 'in favor of the Constitution, 
the Governor shall issue his proclamation, 
stating that fjict; and this Constitution shall, 
on the fourth day of July next ensuing, be 
the Constitution of the State of Missouri. 

Mr. Drake offered the follomng resolution : 

Resolved, That the rules of debate in force 
in the Convention shall be applicable and 
enforced in the Committee of the Whole. 

Mr. BoNHAM offered the following as a 
substitute for the resolution: 

Resolved, That the Committee of the Whole 
be abolished in this Convention. 

Which was decided out of order. 

Mr. Davis of ISTodaway demanded the 
previous question, which was not sustained. 

The question being on the adoption of 
the resolution of Mr. Drake, Mr. Bo^sHam 
demanded the ayes and noes, and the vote 
being taken, stood as follows: 

Ayes — Messrs. Barr, Bonham, Budd, 
Childress, Davis of ISTodaway, Drake, Fil- 
ley, Fulkerson, Newgent, Peck, Sutton, 



Swearingen, Weatherby, and Williams of 
Scotland — 14. 

jS'oes— Messrs. Bedford, Bush, Clover, 
Dodson, D'Oench, Ellis, Evans, Folmsbee, 
Gamble, Gilbert of Lawrence, Gilbert of 
Platte, Gilstrap, Green, Holcomb, Hughes, 
Hume, King, Linton, McPherson, Owens, 
Rohrer, St. Gem. Smith of Mercer, Smith 
of Worth, Switzler, Thilenius, and Mr. 
President — 27. 

Absent with Leave — Messrs. Davis of 
N'ew Madrid, Holland. Ilusmann, Leonard, 
Martin, Meyer, and Nixdorf— 7. 

Absent without Leave — Messrs. Adams, 
Bunce, Esther, Fletcher, Foster, Grammer, 
Henderson, Holdsworth, McKernan, Mack, 
Morton, Eankin, Strong, and Williams of 
Caldwell— 14. 

Sick— Messrs. Cowden and Mitchell — 2. 

So the resolution was rejected. 

On motion of Mr. Bonha^i, the Conven- 
tion resolved Itself into a Committee of the 
Whole, to consider amendments to the 
Constitution . After some time spent therein, 
the President resumed the chair, and Mr. 
Bonham reported that the Committee had, 
according to order, had under consideration 
amendments to the Constitution, and par- 
ticularly the article on Elections, Qualifi- 
cations of Voters. Officers, and others, but 
had come to no resolution thereon. 

On motion of Mr. Bonham, the Conven- 
tion adjourned until half-past 2 o'clock 
P. M. 



AFTEimOON SESSION. 

Convention met pursuant to adjom-nment, 
the President in the Chair. 

On motion of Mr. Weatherby, the fol- 
lowing resolutions, heretofore oflered by Mr. 
Williams of Scotland, were ordered to be 
spread upon the journal: 

Be it resolved by the people of the State of Mis- 
souri, in Convention assembled : 

1. That it shall be the duty of each dele- 
gate elected to this Convention to lay out, 
frame, put together, build and make a Con- 
stitution that vdW harmonize, not with the 
views of a majority of the members of this 
Convention, nor with the views of a major- 
ity of the people of the State of Missouri; 
but it shall be his duty to make a Constitu- 
tion that will harmonize in every particular 
with his own individual prejudices, so that * 
when it is submitted for ratification or rejec- 
tion, not to the people of the State, but to 
himself individuall3^ it may be adopted 
without one dissenting voice. Adopted 
unanimously. 

2. That if this Convention should have 
the audacity and efli'ontery to adopt, by a 



177 



majority of all the nieiiibers elect, a Consti- 
tution other than the one mentioned in the 
tu'st resolution, then it shall be the duty of 
all the delegates vvho feel ag-gi-ieved in con- 
sequence thereof, to stump every county, 
township, school district, precinct, school- 
house, larm-house, meeting-house, log- 
house, saw mill, beer saloon, and beer gar- 
den in the State; so that wiieii the people 
become fully aware that the Constitution 
does not liarmonize with the individual 
prejudices of the delegate so aggrieved, 
they may reject it by an overwhelming 
majority: and that we pledge St. Louis to 
give a majority of five thousand against it. 

3. That St. Louis is Missouri; that Turner 
Hall is the forum of America, the mouth- 
piece of this State, and celebrated for its great 
Barons, its Cromwellian style of doing busi- 
ness, its lager beer and big petitions. 

4. That St. Louis is, and by right ought 
to be, a free and independent city, with full 
powder to elect its o^mi Governor and Legis- 
lature ; and that all attempts to annex it to 
the State oi Missouri, or to subject it to such 
laws as those to which other parts of the 
State are subjected, ought to be resisted with 
the whole power of the German empire. 

5. That, in order that the orations deliv- 
ered in this hall may be preserved in all their 
original purity, grace, and elegance, this 
Convention shall employ a special reporter, 
w^hose duty it shall be to write down all 
siDeeches, w^ord for w^ord, and letter for 
letter, just as they fall from the lips of the 
orators ; with the accent, emphasis, articula- 
tion, pronunciation, gesture, and all the 
other variations, as near as may be, together 
with the direct bearing that they have upon 
the subject under discussion, in order that 
they may be deposited in the museum in this 
city, to be exhibited as wwnatural curiosities ; 
and that all money received for such exhibi- 
tion shall be paid into the State treasury to 
defray the expenses of this Convention. 

6. That there should be written over the 
door leading to little Library Hall, in large 
letters, the following word^s, to-wit: ''All 
kinds of turning and twisting done here— 
gas for sale cheap, and blowing done to 
order." 

7. That there are but three seats on the 
bench of the Supreme Court, and that there 
should be one more, to be filled by the great 
American Solon. 

A?id whereas^ cei'tain lawyers, pettifoggers, 
and one-horse judges have been wrangling 
and contending in this Convention for nearly 
three months to create new positions, and 
vacating others to be filled by themselves 
individually, and have accomplished nothing 
but waste of time and public money ; there- 
fore be it 

8. i2e,9ofof;c?, That all lawyers, pettifoggers, 
judges and clerks of com-ts, and especially 
all aspirants to a judgeship, are respectfully 



requested to ask for leave of absence for six 
months, or until the poor mudsills shall 
have extiicated the business of this body 
from the inextricable confusion into wdiich 
it has been brought through their agency. 

9. That all ' 'party breakers, ' ' ' 'conven- 
tion smashers," aiid ''wheel blockers," 
who oft and again threaten to annihilate this 
' 'one-horse convention, ' ' though we admit 
that their minds are as profound and as 
philosophical as a Bacon , and their eloquence 
has all the strength ot Demosthenes, and 
all the beauty of a Cicero, with wit superior 
to a Eandolph, and sarcasm exceeding a 
Burgess, still they often remind us that some 
animals are distinguishable by their great 
length of ears, and, though clothed in the 
skins of lions, yet we can hardly be deceived 
by the furious braying of self-conceited 
asses . 

10. That virtue and public morals are dead, 
and that the great Missouri State Convention 
killed them. 

11. That this Convention was called to- 
gether for tha't purpose only. 

12. That it is the duty of this Convention 
to bury their remains, erect a monument to 
their memory, inscribe some touching and 
mournful epitaph thereon , and then adjourn, 
and sneak, in shame and silence, to our 
homes . 

13. That, before doing this, however, and 
since we have slain virtue and killed public 
morals, and expressed a willingness to stab 
the Protestant Chui'ch under the fifth rib to 
conciliate the minority, w^e should now, as a 
further act of conciliation, declare that the 
ten commandments are a humbug; that 
there is no God but Bacchus, and that death 
is an etei'iial state of bacchanalian revelry. 
Then we shall have completed our labors, 
and can go home rejoicing. 

On motion of Mr. Bonham, the Conven- 
tion resolved itself into a Committee of the 
Whole to resume the consideration of amend- 
ments to the Constitution. • After some time 
spent therein, the President resumed the 
chair, and Mr. Weatherby reported that 
the committee had, according to order, 
had under consideration amendments to the 
Constitution, and particularly the article 
on Elections and Qualification of Voters, Offi- 
cers, and others, but had come to no resolu- 
tion thereon. 

Mr. WiLLTAjis of Caldwell asked leave of 
absence for Mr. Holdsworth for five days, 
which was granted. 

On motion of Mr. Bakk, the Conven- 
tion adjourned until 9 o'clock to-morrow 
morning. 



178 



sixty-foxjuth: d^y. 



Conventiou met pursuant to adjournment, 
the President in the chair. 

On motion of Mr. Drake, the Convention 
resolved itself into a Committee of the 
Whole to take under consideration amend- 
ments of the Constitution. After some time 
spent therein, the President resumed the 
chair, and Mr. Gilbert of Platte reported 
that the Committee of the Whole had, 
according to order, had under consideration 
amendments to the Constitution, and par- 
ticularly the article on Elections and Qualifi- 
cations of Voters, Officers, and others, hut 
had come to no resolution thereon . 

Mr. Owens, Chairman of the Committee 
on Districting the State into Judicial Circuits, 
presented the following report, which was 
read the_ fii'st and second time, and, on 
motion, ordered to he printed: 

AN ORDINANCE DEFINING THE NUMBER OF 
JUDICIAL CIRCUITS OF MISSOURI. 

Be it ordained hy the People of the State of 

Missouri^ in Convention assemhled : 

The number of judicial circuits in the State 
is hereby reduced to sixteen, and shall be 
composed as follows, until otherwise pro- 
vided : 

Section 1. The First Juchcial Circuit— 
the county of St. Louis. 

Sec. 2. The Second Judicial Circuit — the 
counties of St. Charles, Lincoln, Warren, 
Montgomerj^ Callaway, and Audrain. 

Sec. 3. The Third Judicial Circuit — the 
counties of Pike, Ralls, Monroe, Boone, 
Howard, and Eandolph. 

Sec. 4. The Fourth Judicial Circuit — the 
counties of Marion, Macon, Shelby, Knox, 
Lewis, Scotland, and Clark. 

Sec. 5. The Fifth Judicial Circuit — the 
counties of Chariton, Linn, Sullivan, Put- 
nam, Adair, Schujder, Clinton, Caldwell, 
and Pay. 

Sec. 6. The Sixth Judicial Circuit^the 
counties of Livingston, Grundy, Mercer, 
Harrison, Daviess, DeKalb, Gentry, Worth, 
and Carroll. 

Sec 7 . The Seventh Judicial Circuit— the 
counties of Buchanan, Andrew, Nodaway, 
Holt, Atchison, Platte, and Clay. 

Sec 8. The Eighth Judicial Circuit— the 
counties of Cape Girardeau, Pemiscot, 
Dunldin, Mississippi, New Madrid, Scott, 
Peny, and BoUino^er. 

Sec. 9. The Ninth Judicial Circuit— the 
counties of Iron, Stoddard, Wayne, Madi- 
son, St. Francois, Butler, Eeynolds, Carter, 
and Ripley. 



FRHDAY, March 24th, 1865. 

Sec 10. The Tenth Judicial Circuit— the 
counties of Phelps, Dent, Shannon, Texas, 
Oregon, Howell, Maries, and Crawford. 

Sec 11. The Eleventh, Judicial Circuit — 
the counties of Laclede, Wright, Pulaski, 
Camden, Polk, Douglas, ' Dallas, and 
Hickorv. 

Sec "^12. The Twelfth Judicial Circuit>— 
the counties o± Greene, Webster, Stone, 
Christian, Taney, Barry. Ozark, and Dade. 

Sec 13. The"^ Thirteenth Judicial Circuit 
— the counties of Vernon, Barton, Jasper, 
Newton, McDonald, St. Clair, Cedar, and 
Lawi'ence . 

Sec 14. The Fourteenth Judicial Circuit 
— the counties of Jackson. Lafayette, John- 
son, Bates, Cass, Saline, Henry, and Pettis. 

Sec 15. The Fifteenth Judicial Circuit — 
the counties of Cooper, Moniteau, Morgan, 
Benton, Miller, Cole, and Osage. 

Sec 16. The Sixteenth Judicial Circuit — 
the counties of Gasconade, Franklin, Jeffer- 
son, Washington, andSte. Genevieve. 

Sec 17. The several circuit judges in this 
State, immediately after the first daj'^ of 
May, in the year of our Lord one thousand 
eight hundred and sixtj'-five, shall fix the 
terms of the several circuit courts in their 
resi)ective circuits, and cause public notice 
thereof to be given by the sheriffs of each 
county. 

Sec 18. This ordinance shall be in force 
from and aftei' its adoption ; but may be re- 
pealed, altered or amended, at any time, by 
the General Assembly. 

On motion, the Convention adjom-ned 
until half -past 2 O'clock P. 31. 



AFTERNOON SESSION. 

Convention met pursuant to adjournment, 
the President in the chair. 

Mr. Drake offered the following resolu- 
tion, and demanded the pre\ious question 
thereon, which was sustained by the Con- 
vention : 

Resolved, That in Committee of the Whole 
no debate on the motion to rise and report 
shaU be in order. 

On this resolution Mr. Drake demanded 
the ayes and noes, and the vote being taken, 
stood as follows : 

Ayes — Messrs. Barr, Bonham, Budd, 
Bunce, Childress, Davis of Nodaway. Dod- 
son, Drake, Evans, Fulkerson, Gamble, 
Gilbert of Lawrence , Hughes, Hume, Mc- 
Kernan, McPherson, Mack, Morton, New- 
gent, Rankin, Smith of Mercer, Smith of 



179 



Worth, Sutton, Swearingeii, Weatherby, 
and Williams of Scotland — 26. 

XoES — Messrs. Foster, Gilbert of Platte, 
Green, Robrer, and Mi-. President— 5. 

Absext with Leave — Messrs. Davis of 
New Madrid, Holds worth, Holland, Hus- 
manu, Leonard, Martin, Mej^er, and Mx- 
dorf— 8. 

Absext without Leave — Messrs. Adams, 
Bedford. Bush, Clover, D'Oench, Ellis, Es- 
ther, Filley, Fletcher, Folmsbee, Gilstrap, 
Grammer, Henderson, Holcomb, King, Lin- 
ton, Owens, St. Gem, Strono-, Switzler, 
Thilenius, and Williams of Calclwell— 22. 

Sick — Messrs. Cowden, Mitchell, and 
Peck— 3. 

So the resolution was adopted. 

On motion of Mr. Drake, the Convention 
resolved itself into a Committee of the Whole, 
to resume the consideration of amendments 
to the Constitution. After some time spent 
therein, the President resumed the chair, 
and Mr. Mack reported that the committee 
had, according to order, had under consid- 
eration amendments to the Constitution, and 
particularh'- the article on Elections, and 
Qualifications of Voters, Officers and others, 
and reported the same back to the Conven- 
tion, with amendments thereto. 

On motion of Mr. Drake, the Convention 
took up the article on Elections, and Quali- 
fications of Voters, Officers and others, with 
the amendments, as reported back from the 
Committee of the Whole. 

The follow^mg amendment to the first sec- 
tion, as reported back by the Committee of 
the Whole, was read: 

Except as provided in section twentieth of 
this article. 

Pending which, Mr. Drake offered the 
following amendment to the amendment, 
which was read and agreed to : 

Amend the amendment by striking out the 
word "twenty," and inserting before the 
word ' " section ' ' the words ' 'the twentieth. ' ' 

On motion, the amendment, as amended, 
was agreed to. 

The following amendment, as reported 
back by the Committee of the Whole, was 
disagreed to : 

Amend section third, line fourth, by 
inserting after the word "or, " where it first 
occurs therein, the words "after the thirty- 
first day of July, one thousand eight hundred 
and sixty-one . ' ' 

The following amendment, reported back 
by the Committee of the Whole, was 
agreed to: 



Amend section third, ninth line, by striking 
out the word "open," and by striking out 
of the same line the word ' 'declared, ' ' and 
inserting in lieu thereof the word ' ' mani- 
fested;" and by adding, after the word 
"States," the words "or his sympathy/ 
with those engaged in exciting or carrjdng 
on rebellion against the United States . ' ' 

Mr. Newgent ofiered the following affi- 
davits, relative to, and sustaining, his past 
loyalt}^ : 

State of Kansas, \ 
County of Miami, j 

John Moudy, on oath, says that he is a 
resident of Paola, Miami county, Kansas; 
that in the spring of A . D . 1861 , he lived in 
Bates county, Missouri, and was well 
acquainted with Andrew G. Newgent of Cass 
county, and know that he was reputed from 
the first as a Union man; that he made Union 
speeches in the counties of Cass and Bates ; 
and that, on or about the first day of May, 
A. D. 1861, he and I came to Kansas 
together, after night, to make arrangements 
with the loyal people of Kansas for "protec- 
tion. I further say that I was intimately 
acquainted with said ISTewgent from the fail 
of A. D. 1856, until he entered the Union 
army, and never knew him otherwise than 
as an unswerving Union man, and cheerfully 
indorse him as such. John Moudy. 

Sworn to and subscribed before me, tliis 
fourteenth day of March, A. D. 1865. 

R. W. Massey, KP. 



Paola, Kansas, March 14, 1865. 

I willingly state that on the last of May, 
1861, I returned to Cass county, Missouri, 
from Kentuckj^. I found A. G. Xewgent 
making speeches for the Union cause. The 
first of June, I was mustered major of a 
battalion of Federal soldiers; A. G. ISTewo-ent 
was mustered quartermaster, and served as 
such until the battalion was raised to a 
regiment, when he was appointed colonel. 
He (A. G. Newgent) has been, ever since 
May 20th, 1861, unsw^ervingly (to my 
knowledge) a Union — yes, a radical — man, 
notwithstanding the Republican states to the 
contrary. A. H. Deane. 

Sworn to and subscribed before me, this 
fourteenth day of March, A. D. 1865. 

R. W. Massey, N. P. 

State of Missouri, \ 

Jackson County. j 

Before the undersigned personally ap- 
peared Elihu F. Roo\n-s, who, being by me 
first duly sworn, dotli depose and say that he 
is, and was at the outbreak of the rebellion, 
well acquainted Avith Andrew G. Xewgont; 
that then, as now, he (Xewiiont) was au 
unconditional LTnion man; t1uu he made 
speeches for the Union, which were con- 
sidered by secessionists, at that time, of the 
rankest kind, and for which he w;^ branded 



180 



\jy them as au abolitionist; that, to the cer- 
tain knowledge of this deponent, he (New- 
gent) spent both time and money for the 
maintenance of the Federal Union," by mak- 
ing Union speeches in various parts of the 
eonntry, wherever he had friends sufficient 
to pi'otect him ao-ainst secession mobs, and 
in purchasino- clothing for soldiers; and 
that, after giving aid to recruiting for the 
Cass county regiment, home guards, was 
mustered into "the service of "the United 
States , June 27 , 1861 . E . F . Rogers . 

Subscribed and sworn to before me. this 
30th day of March, A. D. 1865, at Kansas 
City, Missouri. J. H. Smith, 

First Lieut. a?id Ass't Pro. Mar. 
Fourth Sub-Dist. . Central Missouri. 



State of Missouri, T 

Jackson County. J 

Before the undersigned personally ap- 
peared Lewis B. HuS; Ashbel Smith and 
William P. Deton, and all of Jackson 
county, Mo., who being duly sworn depose 
and say: That on the 26th of April, 1861. 
they were severally residents of Cass county ; 
that they were at' that time well acquainted 
with Andrew G. Newgent, and know that 
he w^as at that time a strong Union man, 
opposed to secession, and accused and per- 
secuted on account thereof; that they well 
remember the passage of the resolutions 
published in the St. Louis Republican of 
March 6th, 1865; and also that the same 
has of late been brouo-ht forward by others 
with the intent to prejudice him; that An- 
drew G. Newgent never joined in said meet- 
ing, or sat upon said committee as a sj'nipa- 
thizer or advocate of secession; that said reso- 
lutions were prepared byE. O. Boggess, pre- 
vious to said meeting, and contained in addi- 
tion a resolution recommending the hanging 
of Union men who should refuse to leave 
upon notice, which, througii the opposition 
of A. G. New^ent in committee, was stricken 
out. The atiiant, William P. Deton for him- 
self deposes: That he was present when 
said resolutions came before themeetino-, and 
then and there listened to the first and only 
man wdiom he remembers to have had cour- 
ao-e enough, at that time, to speak for the 
Union, and that man was A. G. Xewgent; 
that he then, speaking upon those resolu- 
tions, denounced secession and rebellion; 
that this affiant remembers distinctly the 
following sentiment then uttered, to- wit: 
' ' That if this State seceded our homes will 
become stables for cavalry, ' ' etc. ; drawing 
a picture of the middle' States in such an 
event; that a few days after Col. A. G. 
Newgent, by reason of his ITnionism, was 
forced to flee from Harrisonville for his life, 
and that after he had gone affiant saw two 
armed rebels, who asked liim it he had heard 
what Colonel Newgent had said at the Con- 
vention, in favor of the Union, and that they 
were in search of him to give him his 
quietus . Affiant, Lewis B, Hmf says he met 
Colonel Newgent when he was fleeing from 



Harriso]iville, and said to him: ' 'Xewgent, 
what hand have you had in this meeting in 
town?" (i. e. Harrisonville.) He answered 
affiant as follows (tliis was t^^'o or three days 
after the meeting) : • ' I have done that which 
has saved you and me, and the rest of the 
L'nion men' of Harrisonville. ' ' 

xUl of these deponents say that they were 
afterward engaged in removing Colonel 
Xewgent's family from Harrisonville. where 
he dare not go; that he lied to Austin, and 
thence to Crescent Hill, and that up to June 
27 he spent his time making Union speeches 
and raising the Cass county regiment of Mis- 
ri home guards, in which he was First Lieu- 
tenant and Quartermaster from the 27th of 
June to the 1st of August, when he received 
his commission as coloiiel, from General 
Fremont. Lewis B. Huff, 

AsHBKL Smith, 
Wm. p. Deton. 

Sworn to and subscribed before me this 
10th dav of March, A. D. 1865. 

J. H. Smith, 
First Lieut, and Ass't Pro. Mar. 
4:th Sub-Dist. , Central Mo., Kansas City, Mo, 

State of Missouri, 1 

County of St . Louis . / '* 

Be it remembered, that on this 8th daj^ of 
March, 1865, before the undersigned. Judge 
of ihe iSTinrh circuit or Missouri, personal]}' 
came William X. Jack and Elias P. Wesf, 
who, being b}'^ me dulj' sworn, upon their 
oaths state: That at a meeting held at the 
city of Harrisonville, in Cass county, on the 
26th day of April, 1861, the proceedings of 
which were republislied in the Missouri Re- 
■publican, of the 5th of March, 1865, Andrew 
G. Newgent and these affiants were ap- 
pointed, with others, a committee to draft 
resolutions; that the resolutions recom- 
mended b}' said committee, and adopted by 
the meeting, were opposed in committee by 
the said Newgent and these affiants, and were 
not supported in the meeting by affiants, 
nor, as they believe, by said Newgent; that 
said W^est,' being named chairman of the 
committee, called another to the chair, and 
came down and oflered resolutions difterent 
from those adopted, the eflect of which was 
to invite back and extend protection to Lin- 
coln men who had left the count}' on account 
of the excitement of the day, which latter 
resolutions were supported by said Newgent 
and these affiants in tlie committee, but were 
voted down and others adopted, against the 
consent of said Newgent and these affiants; 
that the public call for said meeting invited 
persons of all political parties to participate 
in tlie same, and its object, as affiants, and 
as they believe said Newgent understood, 
was to* invite back and extend protection to 
citizens who had left that county on account 
of their political opinions; that, in a few days 
after said meeting, said Newgent went to 
w^ork energetically, raising troops for the 
United States service, in what was called the 
home guards ; and that affiants have not now, 



181 



nor hare they ever had, an}' doubt of the 
unconditional loyalty of said Newgent, and 
that he Avas and is g-enerally so reputed in 
his county and where known. We liaA^e 
known Colonel Xewgent for ten or fifteen 
years; Colonel ISTewgent was recognized by 
both loyal and disloyal men as an uncondi- 
tional Union man in the spring of 1861. 

William A. Jack, 
Eli AS P. West. 
Sworn to and subscribed before me, this 
Sthday of March, 18G5. 

James W. Owexs, 
Judge of the Ninth Circuit oj Missouri. 

The following amendment, reported back 
by the Committee of the Whole, was read: 

Amend section third, in lines fourteen, 
fifteen, sixteen and seventeen by striking out 
the words "having for its object to aid or 
encourage rebellion" ao-ainst the United States, 
or to promote the dissolution of the union 
thereof; or to oppose, by any unlawful means, 
the laws or authority thereof, or the laws, 
ordinances, or authority of this State, ' ' and 
inserting in lieu thereof the words "inimical 
to the Government of the United States, or to 
the Government of this State, existing after 
the .31st day of July, one thousand eight 
hundred and sixty-one. ' ' 

Fending which, Mr. Drake offered the 
following amendment to the amendment, 
wdiich was adopted: 

Amend the amendment by striking out the 
words "existing after the thirty-first day of 
Jnly, one thousand eight hundred and sixty- 
one. ' ' 

On motion, the amendment, as amended, 
was agreed to. 

The following amendment, reported back 
by the Committee of the Whole, was 
agreed to: 

Amend section third, by inserting after the 
word "knowingly," in the nineteenth line, 
the words "and willingly. ' ' 

The following amendment, reported back 
\)j the Committee of the Whole, w^as 
agreed to: 

Amend the nineteenth line by inserting, 
after the word "ever,'' the words "come 
into or, ' ' so that the clause may read : 
"or has ever come into or left this State, lor 
the purpose of avoiding. ' ' 

The following amendment, reported back 
by the Committee of the Whole, was 
agreed to: 

Amend section third, by striking out, in 
lines twenty-one and "twenty-two, the 
words "in oVder to escnjx' t]u» performance 
of duty in the militia of this State, enrolled 
himself, or caused himself to be enrolled, as 
a. disloyal Southern sympathizer," and 
inserting in lieu thereof the following : "with 



a view to avoid enrollment in the militia of 
this State, or to escape the performance of 
duty therein, or for any other purpose, 
enrolled himself, or authorized himself to be 
enrolled, by or before any officer, as disloyal, 
or as a Southern sympathizer, or in any 
other terms indicating his disaffection to the 
Government of the United States, in its 
contest with rebellion, or his sympathy with 
those engaged in such rebellion. ' ' 

The following amendment, reported back 
by the Committee of the Whole, was 
agreed to: 

Amend section third, twenty-third line, 
by inserting, after the word ' 'States, " "or 
in any of their territories. ' ' 

The following amendment, reported back 
by the Committee of the Whole, was 
agreed to: 

Amend section third, by inserting after the 
word "States," in the twenty-foiu"th line, 
the words ' ' or under the United States . ' ' 

The following amendment, reported back 
by the Committee of the Whole, was 
agreed to: 

Amend section third, twenty-fourth line, 
by inserting, after the words ' 'United 
States, " "or in any of their territories. ' ' 

The following amendment, reported b^ck 
by the Committee of the Whole, was 
agreed to : 

Amend section third, thirtieth line, hj 
striking out the words "incorporated by or 
under any law" of this State. ' ' 

The folloMdng amendment, reported back 
by the Committee of the Whole, was read: 

Amend section third, thirtj^-first line, by 
striking out all after the word ' 'school. ' ' 

The following amendment, reported back 
by the Committee of the Whole, was 
agreed to: 

Amend section third, thirtieth line, by 
striking out the words ' 'of teaching. ' ' 

The following amendment, reported back 
by the Committee of the Whole, was 
agreed to: 

Amend section third, thirty-first line, by 
inserting, after the word "school," the words 
"or oi'^ liolding any real estate, or other 
property, in trust, for tlie use of any church, 
religion's society , or congregation . ' ' 

T'he following amendment, reported back 
by the Committee of the AVhole, was 
agreed to: 

Amend section fifth by adding thereto the 
following: The registering officer, or otficers, 
shall keep a regist^u-of the names of persons 



182 



registered as voters, and the same shall be 
ceTtified to the judg-es of elections; and thev 
shall receive the ballot of any such rejected 
voter, offering to vote, marking the same, 
and certifying the vote thereby given as re- 
jected; but no such vote shall "be received 
unless the party otferin^ it take, at the time, 
the oath of loyalty hereinafter prescribed . 

The following amendment, reported back 
by the Committee of the Whole, was read: 

Amend section sixth, in tenth, eleventh 
and twelfth lines , by striking out the words 
"that I will always discountenance and op- 
pose all combinations, plans, and eftbrts, 
having for their object the dissolution of said 
Union or the overthrow of said Government; 
that I "will always, in word and deed, demean 
myself as a loyal and faithful citizen of the 
United States . ' ' 

Which was disagreed to. 

The following amendment, reported back 
by the Committee of the Whole, was 
agreed to : 

Amend section sixth, by striking out the 
word "always," in the sixth aiid eighth 
lines. 

The following amendment, reported back 
by the Committee of the Whole, was 
agreed to : 

Amend section seven, by striking out, in 
line one, the word "fifteen," and insert 
' 'sixteen" in lieu thereof; and strike out, in 
same line one, all after the word "Con- 
stitution," up to the words ' ^exery person, ' ' 
inline fom-tli; also, the word "other," in 
line fifth; also, the word "likewise," in 
line seventh; and in lieu of the word "same," 
in said line seventh, place the words "said 
oath." 

The follo^wing amendment, reported back 
by the Committee of the Wliole, was 
agreed to: 



Amend section ninth, bj^ striking out of the 
third line the words "two months," and 
inserting in lieu thereof the words -'sixty 
days. ' 

The following amendment, reported back 
by the Committee of the Whole, was 
agreed to: 

Amend section twentieth, by striking out 
the words "the General Assembly shall 
provide, by law, for the taking of the votes 
of all such persons, wherever they may be, 
on the day fixed for such election, or at anj^ 
time witliin twenty days next prior thereto, 
and for the due return and counting of such 
votes, ' ' and insert in lieu thereof the words : 
"The votes of all such persons, wherever 
they may be taken, on the daj^ fixed by law 
for such election, or on any day or "^ days 
within twenty days next prior thereto ; and 
the Genei-al Assembly shall provide by Jaw 
for the taking, return and counting of such 
votes . • ' 

Mr. OwEXS offered the follo"s\ing amend- 
ment : 

Strike out all after the word "votes," in 
the seventh line, section twentieth. 

Mr. Barr offered the following as a 
substitute for the amendment of Mr. Owens: 

Add to section twentieth, "except those 
who have served two years in the regular 
volunteer service of the'United States army, 
and those who have been honorably dis- 
charged after such term of service. ' ' 

On motion of Mr. Holcomb, leave of 
absence was extended to Mr. Meyer until 
Tuesday next. 

On motion of Mr. Davis of Xodaway, the 
Convention adjourned until 9 o'clock to- 
morrow morning. • 



SIXTY-FIFTH DA_Y. 



SATUEDxiY, March 25th, 1865. 



Convention met pursuant to adjournment, 
the President in the chair. 

Mr. Green offered the following ordinance, 
which was read the first time : 

AN ordinance supplementary to an ordi- 
nance VACATING CERTAIN CIVIL OFFICES, 
ETC., IN THE STATE OF MISSOURI. 

Be it ordained, by the people of the State of 
Missouri, in Convention asseynhled, as follows : 

Section 1. The Governor of the State is 
hereby empowered to remove from office, as 



he may deem the welfare of the State to re- 
quire it, any officer, or manager (by whatso- 
ever name designated.) of any public institu- 
tion under the exclusive control of the State, 
who shall have been appointed during the 
preceding administi-ation, and whose term of 
office does not exi)ire before the first day of 
May, 1865. 

Sec 2. The Governor of the State is also 
empowered to immediatel}' refill any vacan- 
cies he may create under the provisions of 
this ordinance, bj^ suitable appointments, 
which shall be subject to confirmation or 



rejection by the State Senate, on the next 
assembhng-"ot the State Legislature. 

Sec. 3. All reappointed officers and 
managers shall, previous to entering upon 
the duties of oliice, take the oath prescribed 
in section two of the ordinance detining the 
qualilications of voters and civil othcers in 
the State of Missouri, adopted June 10, 
1862, and required in the ordinance vacating 
cei'tain civil otlices, etc., in the State of Mis^- 
souri, adopted March • — , 1865 . 

Mr. BoxHAM demanded the previous ques- 
tion; which was sustained by the Conven- 
tion. 

The question then being on the rejec- 
tion of the ordinance offered by Mr. Green, 
Mr. Owens demanded the Sijes and noes 
thereon, and the vote being taken, stood as 
as folio v/s: 

Ayes — Messrs. Adams, Barr, Bedford, 
Bonham, Budd, Bunce, Childress, Davis of 
Nodaway, Dodson, Drake, Fulkerson. Gam- 
ble, Gilbert of Lawrence, GiJbei't of Platte, 
Henderson, Hume, King. McKernan, Mc- 
Pherson, Mack, Morton, Newgent, 'Owens, 
Rankin, Smith of Mercer, Sutton, Swearin- 
gen, Williams of Caldwell, and Williams of 
tiscotland — 29 . 

No KS— Messrs. Bush, Ellis, Evans. Filley, 
Fletcher, Folmsbee, Foster, Green, Holcomb, 
Hughes, Lhiton, St. Gem, Smith of Worth, 
Thilenius, lYeatherby, and Mr. President 
—16. 

Absent with Leave — Messrs. Davis of 
New Madrid, Holdsworth, Holland, Hus- 
maun, Leonard, Martin, Meyer, and Nix- 
dorf-8. 

Absent without Leave — Messrs. Clover, 
D'Oench, Esther, Gilstrap, Grammer, 
Rohrer, Strong, and SAvitzler— 8 . 

Sick — Messrs. Cowden, Mitchell, and 
Peck— 3. 

So the ordinance was rejected. 

Mr. Drake offered the following new 
proposition as a Declaration of Rights, 
which was read the flrst time : 

ARTICLE — . 

Declaration of Rights . 

That the general, great and essential prin- 
ciples of liberty and free o-overnnient may be 
recoo-nized and established, and that the 
relation of this State to the Union and Gov- 
ernment of the United States, and those of 
the people of this State to the rest of the 
American p(M:>ple, may be defined and 
affirmed, we do declare— 

1. Tliat we liold it to be self-evident that 
all men are endowed bj'- their Creator with 
certain inalienable rights, among whicli are 
life, liberty, the enjoyment of the fruits of 
their own labor, aiid the pursuit of happi- 
ness : 

2. Tliat there can not be, in this State, 
either slavery or involuntary servitude, ex- 



cept in punishment of crime, whereof the 
party shall have been duly convicted : 

3. That no person can, on account of 
color, be disqualified as a witness; or be dis- 
abled to contract, otherwise than as others 
are disabled; or be prevented from acquir- 
ing, holding, and*transmitting property; or 
be liable to any other punishment, for any 
offense, than that imposed upon others for a 
like offense; oi* be restricted in the exercise 
of religious worshix?; or be hindered in 
acquiring education; or be subjected, in 
law, to any other restraints and "disqualifi- 
cations, in regard to an}^ personal rights, 
than such as are laid upon others under like 
circumstances : 

4. That all political power is vested in and 
derived from the people; that all govern- 
ment of right originates from the people, is 
founded upon their will only, and is insti- 
tuted solely for the good of the whole: 

5. That the people of this State have the 
inherent, sole and exclusive right of regu- 
lating the internal government and police 
thereof, and of altering and abolishing their 
Constitution and form of government, when- 
ever it may be necessary to their safetj^ and 
happiness; but every such right should be 
exercised in pursuance of law, and consist- 
ently with the Constitution of the United 
Statues : 

6 . That this State shall ever remain a mem- 
ber of the American Union ; that the people 
thereof are a part of the American nation ; 
and that all attempts, from whatever source 
or upon whatever pretext, to dissolve said 
Union, or to sever said nation, ought to be 
resisted with the whole power of the State: 

7. That every citizen of this State owes 
paramount allegiance to the Constitution 
and Government of the United States, and 
that no law or ordinance of this State, in 
contravention or subversion thereof, can 
have any binding force: 

8. That the people have the right peace- 
ably to assemble tor their common good, 
and to apply to those vested with the powers 
of government for redress of grievances, by 
petition or remonstrance; aiid that their 
right to bear arms in defense of themselves, 
and of the lawful authority of the State, can 
not be questioned : ' • 

9. That all men have a natural and inde- 
feasible right to worship Almighty God ac- 
cording to the dictates of their own con- 
sciences; that no person can, on account of 
his religious opinions, be rendered ineligible 
to iiny office of trust or profit under this State, 
nor be disqualified from testifying, or from 
serving as a juror; that no human" authority 
can control or interfere with the rights of 
conscience; and that no person ought, by 
any law, to be molested in his person oV 
estate, on account of his religious persuasion 
or profession; but the liberty ot conscience 
hereby secured shall not be so construed as 
to excuse acts of licentiousness, or to justify 
practices inconsistent with the good order, 
peace, or safety of the State, or with the 
rights of others: 



184 



10. That no person can be compelled to 
erect, support, or attend any place of wor- 
ship, or to maintain any minister of the 
gospel or teacher of religion ; but whatever 
contracts any person may enter into for any 
such object ought, in law, to be binding and 
capable of enforcement, as other contracts: 

11. That no preference can ever be given, 
by law, to any church, sect, or mode of wor- 
ship: 

12. That no religious corporation can be 
established in this State, except that, by a 
general law, uniform throughout the State, 
any church, or i-eligious society or congre- 
gation, may become a body corporate, for the 
sole purpose of acquiring, holding, using, 
and disposing of so much land as may be 
required tor a house of public worship, a 
chapel, a parsonage, and a burial ground, 
and managing the same, and contracting in 
relation to such land, and the buildings 
thereon, through a board of trustees selected 
by themselves; but the quantity of land to 
be held by any such body corporate, in con- 
nection vvitli a house of worship or a par- 
sonage, shall not exceed Ave acres in the 
country, or one acre in a town or city: 

13. That every gift, sale, or devise of land 
to any minister, public teacher, or preacher 
of the gospel, as such, or to any religious 
sect, order, or denomination, or to or for the 
support, use, or benefit of, or in trust for, 
any minister, public teacher, or preacher of 
the gospel, as such, or any religious sect, 
order, or deiiomination; and every gift or 
sale of goods or cliattels to go in succession, 
or to take place after the death of the seller 
or donor, to or for such support, use, or 
benefit; and, also, everj^ devise of goods or 
chattels, to or for the support, use. or 
benefit of any minister, public teacher, or 
preacher of the gospel, as such, or any reli- 
gious sect, order, or denomination, shall be 
void, except, always, any gift, sale, or devise 
of land to a church, religious society, or 
congregation, or to any person or persons in 
trust for the use of a church, religious society, 
or congregation, whether incorporated or 
not, for the uses and purposes, and within 
the limitations of the next preceding clause 
of this article : 

14. That all elections ought to be free and 
open : 

15. That courts of justice ought to be open 
to every person , and certain remedy afforded 
for everj^ injury to person, property, or 
character; aiid that right and justice ought 
to be administered without sale, denial, or 
delay : 

16. That no private property ought to be 
taken or applied to public use', without just 
compensation : 

17. That the right of trial by jury shall 
remain inviolate : 

18 . That in all criminal prosecutions the 
accused has the light to be heard hy himself 
and his counsel; to demand the nature and 
cause of accusation ; to have compulsory pro- 
cess for witnesses in his favor; to meet the 
witnesses against him face to face; and, in 



prosecutions on presentment or indictment, 
to a speedy trial by an impartial jury of the 
vicinage ; that the accused can not be com- 
pelled to give evidence against himself, nor 
be deprived of life, liberty, or property, but 
by the judgment of his peers or the law of 
the land : 

19. That no person, after having been once 
acquitted by a jur}^ can, for the same offense, 
be again put in jeopardy of life or liberty; 
but if, in any criminal prosecution, the jury 
be divided in opinion , the court before which 
the trial shall be had may, in its discretion, 
discharge the jury, and commit or bail the 
accused for trial at the next term of said 
court : 

20. That all persons shall be bailable by 
sufficient sureties, exceptfor capital offenses, 
when the proof is evident or the presumption 
great : 

21. That excessive bail shall not be I'e- 
quired, nor excessive fines imposed, nor 
cruel and unusual punishments inflicted: 

22. That the privilege of the writ of 
habeas corpus can not be suspended, unless 
when, in cases of i-ebellion or invasion, the 
public safety may requre it: 

23. That the people ought to be secure in 
their persons, papers, houses, and effects 
from unreasonable searches and seizures; 
and no warrant to search any place, or seize 
any person or thing, can issue, without 
describing the place" to be searched, or the 
person or thing to be seized, as nearly as 
may be, nor without probable cause, sup- 
ported by oath or affirmation: 

24. Tliat no person can, for an indictable 
ofiense, be proceeded against ci'imiiially by 
information, except in cases arising in' the 
land or naval forces, or in the militia, Avhen 
in actual service in tlie time of wai- or public 
danger, or, by leave of court, for oppression 
or misdemeanor in office: 

25. That treason against the State can 
consist only in levying war against it, or in 
adhering to its enemies, giving them aid and 
comfort: 

26. That no person can be attainted of 
treason or felony by the General Assembly; 
that no conviction' can work corruption of 
blood; that there can be no forfeiture of estate 
for anj^ crime, except treason, and that the 
estates of such persons as may destroy their 
own lives sliall descend or vest, as in cases of 
natural death : 

27 . That the free communication of thoughts 
and opinions is one of the most invaluable 
rights of man, and that eveiy person may 
freely speak, write, and print on any subject, 
being responsible for the abuse of that 
liberty ; that in all prosecutions for libel, the 
truth thereof may be given in evidence, and 
the jury may determine the law and facts, 
under the direction of the court : 

28. That no ex post facto law, nor law 
impairing the obligation of contracts, or 
retrospective in its operation , can be passed : 

29. That imprisonment for debt can not 
exist in this State, except for fines or penalties 
imposed for violation of law: 



185 



30. That all property subject to taxation 
ouo-lit to be taxed in proportion to its value : 

31. That no title of nobility, or hereditary 
emolument, privilege, or distinction, can be 
granted : 

32. That the military is, and in all cases 
and at all times ouo-ht to be, in strict subor- 
dination to the civil povrer; that no soldier 
can, in time of peace, be quartered in any 
house without the consent of the owner; nor, 
in time of war, but in such manner as may 
be prescribed by law; nor can any appropria- 
tion for the support ol an army be made for 
a longer period than two years. 

Mr. Owens moved to reject the new 
proposition oifered by Mr. Drake; on which 
Mr. BoNHAM demanded the ayes and noes, 
and the vote being taken, stood as follows : 

Ayes— Messi-s. Adams, Bedford, Bush, 
Dodson , Fletcher . Gamble ,■ Gilbert of Platte, 
Green, Linton, Morton, Owens, St. Gem, 
Smith of Worth, Switzier, and Mr. President 
—15, 

]sroES — Messrs. Barr, Bonham, Childress, 
Davis of Nodawav, Drake, Ellis, Evans, 
Filley, Folmsbee, 'Foster, Fulkerson, Gilbert 
of Lawrence, Henderson, Holcomb, Hughes, 
Hume, King, McKernan, McPherson, Mack, 
Newgent, Rankin, Smith of Mercer, Sutton, 
Swearingen , Thilenias , Weatherby , Williams 
of Caldwell, and Williams of Scotland— 29. 

Absent with Leave — Messrs. Davis of 
New Madrid, Holdsworth, Holland, Hus- 
mann, Leonard. Martin, Meyer, and Nix- 
dorf-8. 

Absent without Leave— Messrs. Budd, 
Bunce. Clover, Esther, Gilstrap, Grammer, 
Rohrer, and Strong — 8. 

Sick — Messrs. Cowden, Mitchell, and 
Peck— 3. 

Excused- Mr . D ' Oencli— 1 . 

So the proposition was not rejected. 

The proposition, as oifered by Mr. Drake, 
was laid over, under the rule, for its second 
reading. 

On motion of Mr. Drake, the pending 
amendment, offered by Mr. Owens, and sub- 
stitute therefor, to section twenty of the 
article on Elections and Qualitications of 
Voters, Officers and others, was taken up, viz : 

Strike out all after the word ' ' vote, ' ' in 
the seventh line, twentieth section. 

For w^iich the following substitute had 
been offered b}'' Mr. Barr: 

Add to section twenty, "except those 
who have served two years in the regular 
volunteer service of the United States army, 
and those who have been honorabl}^ dis- 
charged tifter such tcn-m of S(u-vice . ' ■ 

Mr. Bark temporai-ily withdrew his sub- 
stitute . 

The (question then being on the amend- 
ment offered by Mr. Owens, Mr. Owens 



demanded the ayes and noes thereon, and the 
vote being taken, stood as follows: 

Ayes — Messrs. Bedford, Bush, Clover, 
Fletcher, Gilbert of Platte, Green, Linton, 
Morton, Owens, Eohrer, St. Gem, and 
Switzier— 12. 

Noes — Messrs. Adams, Barr, Bonham, 
Bunce, Childress, Davis of jSTodaway, Dod- 
son, Drake, Ellis, Evans, Folmsbee, Foster, 
Fulkerson, Gamble, Gilbert of Lawrence, 
Henderson, Holcomb, Hughes, Hume, Mc- 
Kernan. McPherson, Mack, ISewgent, Pan- 
kin, Smith of Mercer, Smith of Worth, 
Swearingen, Thilenius, Weatherby, W^il- 
liams of Caldwell, Williams of Scotland, and 
Mr. President— 32. 

Absent with Leave — Messrs. Davis of 
New M;;.th-id, Holdsworth, Holland, Hus- 
man. Leonard, Martin, Meyer, and Nixdorf 
—8. ' 

Absent without Leave — Messrs. Budd, 
D^Oench, Esther, Filley, Gilstrap, Gram- 
mer, King. Strong, and Sutton — 9. 

Sick — Messrs. Cowden, Mitchell, and 
Peck— 3. 

So the amendment was rejected. 

Mr. Fletcher offered the following 
resolution : 

Resolved^ That at 5 o'clock p. m., on Fri- 
day, the 31st of March, 1865, this Convention 
will adjourn sine die. 

Mr. Drake moved to lay the resolution on 
the table, and demanded the ayes and noes 
thereon; and the vote being taken, stood as 
follows : 

Ayes — Messrs. xiclams. Barr, Bonham. 
Bunce, Childress, Clover, Davis of Nodaway, 
Dodson, Drake, Ellis, Evans, Folmsbee, 
Fulkerson, Gamble, Gilbert of Lawrence, 
Henderson, Holcomb. Hume, McKernan, 
McPherson, Mack, Newgent. Rankin, Smith 
of Mercer, Swearingen, Williams of Cald- 
well, Williams of Scotland, and Mr. Presi- 
dent— 28. 

Noes— Messrs. Bedford, Bush, Fletcher. 
Foster, Gilbei-t of Platte, Green, Hughes ^ 
Linton, Morton, Owens. Rohrer, St. Gem, 
Smith of Worth, and Thilenius — 14. 

Absent with Leave — Messrs. Davis of 
New Madrid, Holdsworth, Holland, Hus- 
mann, Leonard, Martin. ]SIever, and Nix- 
dorf— 8. 

Absent withoi't Leave— IMessrs. Budd, 
D'Oench, Esther, Filley, Gilstrap. Gram- 
mer, King, Strong, Sutton, Switzier, and 
Weatherby— 11. 

Sick — Messrs. Cowden, Mitchell, and Peck 
—3. 

So the amendment was laid on the table. 

Mr. RoiiRKR moved to adjourn uniil Mon- 
day morning next at 9 o'clock. 

On this motion Mr. Drake demanded the 
ayes and noes, and the vote being taken, 
stood as follows: 



186 



Ayes — Messrs. Adams, Bedford, Busli, 
Fletcher, Gilbert of Platte, Rohrer, and St. 
Gem— 7. 

Noes — Messrs. Barr, Bonham, Bnnce, 
Childress, Clover, Davis of Nodaway, Dod- 
soii, Drake, Ellis, Evans, Foster, Fulker- 
son. Gamble, Gilbert of Lawrence, Green, 
Henderson, Holcomb, Hughes, Hume, Lin- 
ton, McKeruan, McPherson, Mack, Morton. 
Newo-ent, Ranldn, Smith of Mercer, Smith 
of Worth, Swearingen, Thilenius, Williams 
of Caldwell, Williams of Scotland, and Mr. 
President— 33. 

Absent with Leave — Messrs. Davis of 
New Madrid, Holds worth, Holland, Hus- 
mann, Leonard, Martin, Meyer, and Nix- 
dorf— 8 . 

Absent without Leave — Messrs. Budd, 
D'Oench, Esther. Filley, Folmsbee, Gil- 
strap, Grammer, King-, Ow^ens, Strong, Sut- 
ton, Switzler, and Weatherby — 18. 

Sick — Messrs. Cowden, Mitchell, and Peck 
—3. 

So the Convention refused to adjourn until 
Monday. 

On motion of Mr. Foster, the Convention 
adjourned until half-past 2 o'clock P.M. 



AFTERNOON SESSION. 

Convention met pursuant to adjournment, 
the President in the chair. 

Mr. Drake introduced the following ar- 
ticle : 

article — . 

Distribution of Powers. 

The power of government shall be divided 
into three distinct departments, each of 
which shall be confided to a separate magis- 
tracj" ; and no person charged with the exer- 
cise of powers properly belono-ing to one of 
those departments shall exercise any power 
properly belonging to either of the others, 
except in the instances hereinafter expressly 
directed or permitted. 

Which was read a first and second time. 

On motion of Mr. Drake, the rules were 
suspended, the article was considered as en- 
grossed, read the third time, and put upon 
its final passage, and was adopted and 
referred to the Revising Committee. 

Mr. Drake offered the following resolution, 
which was adopted : 

Resolved, That the articles of the Constitu- 
tion framed by this body, and named in this 
resolution, shall, in the enrolled Constitution, 
be arranged in the following order, and be 
numbered accordingly: 1. Declaration of 
Rights. 2. Right of Suffrage. 3. Distri- 
bution of Powers. 4. Legislative Depart- 
ment. 5. Executive Department. 6. Judi- 
icial Department. 7. Impeachments. 8. 
Banks and Corporations. 



On motion of Mr. Drake, the article on 
Elections, and Qualifications of Voters, 
Officers, and others, was taken up. 

Mr. Drake offered the following amend- 
ment, which was adopted: 

Amend section twentj^ -fourth, line elev- 
enth, by striking out tlie word ' 'thereof, ' ' 
where it first occurs therein, and inserting in 
lieu thereof the word ' ' domestic . ' ' 

Mr. Drake oftered the following amend- 
ment, wiiich was adopted: 

Amend section sixth, line sixth, by striking 
out the word ' ' unqualified. ' ' 

Mr. Drake offered the following amend- 
ment, which was adopted : 

Fill the first blank in section twenty-four 
with the word "first;" the second blank 
with the word ' 'January;' ' the third blank 
with the words ' 'seventy-one;' ' the fourth 
blank with the word "first;" the fifth 
blank with the word ''January," and the 
sixth blank with the words ' • seventy -five. ' ' 

Mr. Drake offered the following amend- 
ment, which was adopted: 

Fill the blank in section sixth with the 
word ' ' second . ' ' 

Mr. Drake offered the following amend- 
ment, which was adopted : 

Amend the title by striking out the same, 
and insert in lieu thereof the words ' ' right 
of suffrage. ' ' 

Mr. Krekel moved to strike out section 
eighteen, and insert in lieu thereof the fol- 
lowing : 

Every male citizen of the United States, 
and every person who maj^ have declared his 
intention to become a citizen of the United 
States, according to law, at least six months 
before he offers to vote, who is over the age 
of twenty-one years, and who shall have 
complied with the provisions of this article, 
and is not disqualified by or under any pro- 
vision of this Constitution, and who shall 
have resided in this State one year next pre- 
ceding any election, and during the last 
sixty days of that period, in the election dis- 
trict where he seeks registration, shall be 
entitled to vote at such elections for all 
ofiices. State, county, or municipal, made 
elective by the people ; but he shall not vote 
elsewhere than where he is registered, except 
as provided in the twentieth section of this 
article: Provided^ however., That no person of 
color shall be entitled to become a voter 
under the foregoino- provisions, unless he 
was a resident of this State on the 11th day 
of January, 1865, or may thereafter be born 
in the same, nor unless such person of color 
shall, at the time of registration, or his 
offering to vote, be able to read and write, 
and be of good moral character; which facts 



18T 



must be established before a court of this 
State, having a seal; "wljich court, on being 
satisfied that the applicant possesses the 
qualiiications afoi-esaid, shall grant him a 
certificate thereof, from which several quali- 
fications , except that of good moral charac- 
ter; soldiers who shall have served, or may 
now be serving, or who may herfnifter enlist 
in the armies or navies of tlie United States, 
and have been lionorably discharged tliere- 
from, shall be exempt; And p'ovided further ^ 
That no person of color shall vote prior to 
the 11th day of January, 1872. And for the 
purpose of ascertaining the sense of the peo- 
I)le in regard to the admission of persons ot 
color to the right of suffrage, under the 
restrictions, limitations, and qualifications 
aforesaid, the Legislature shall, by law, 
provide for a submission thereof to the peo- 
ple, at the general election to be held in 
1870; and if a majority shall vote for such 
colored suffrage, persons of color shall, 



thereafter, be entitled to vote under the 
restrictions, limitations, and qualifications 
contained in this section. 

Mr. Owens moved to amend the amend- 
ment, by striking out all after the figures 
"1872," in the twenty-second line. 

Pending which, Mr. Clover offered the 
following amendment: 

Strike out "1872," in the twenty-second 
line. 

Which was read and declared out of order. 

On motion of Mr. Drake, Mr. Strong was 
excused from further duty on the Committee 
on Militia, and Mr. Ellis was appointed in 
his stead. 

On motion of Mr. Drake, the Conven- 
tion adjourned until Monday next at 9 
o'clock A. M. 



SIXTY-SIXTH D^Y. 



MONDAY, March 27th, 18G5. 



Convention met i^ursuant to adjournment, 
the President in the chair. 

Mr. Drake offered the following resolu- 
tion, which was adopted: 

Resolved^ That a committee of three be 
appointed by the President, whose duty it 
shall be to see that the Constitution be duly 
and correctly enrolled. 

On request of Mr. Poster, leave of absence 
w^as granted him for eight days from to- 
morrow. 

Mr. Drake, Chairman of the Committee 
on Pevision, presented the following report: 

Mr. President: The Revishig Commit- 
tee, to wdiom was referred the article entitled 
Distribution of Powers, beg leave to rei:>ort 
the same back, without amendment. 

CD. DEAKE, Chairman. 

On motion of Mr. Drake, the article on 
Distribution of Powers was read the last 
time, and ordered to be enrolled as a part of 
the Constitution. 

A call of the house was ordered, and the 
following members answered to their names: 

Messrs. Barr, Bonham, Bunce, Bush, 
Childress, Davis of Nodawav, Dodson, Drake, 
Ellis, Evans, Filley, Folmsbee, Foster, Ful- 
kerson, Gilbert of Lawriuice, Gilbert of 
Platte, Gilstrap, Green, Henderson, IIol- 
comb, Holland, Hughes, Hume, Husmann, 
King, Linton, McKernan, McPherson, Mor- 



ton, IsTewgent, Pohrer, St. Gem, Smith of 
Mercer, Smith of Worth, Sutton, Swearin- 
gen, Switzler, Thilenius, Williams of Cald- 
well, Williams of Scotland, aiid Mr. Presi- 
dent— 41. 

Absent with Leave — Messrs. Cowden, 
Holdsworth, Leonard, Meyer, NixdoilF, and 
Weatherby— 6. 

Absent without Leave — Messrs. Adams, 
Bedford, Budd, Clover, Davis of New IVfad- 
rid, D'Oench, Esther, Fletcher, Gamble. 
Grammer, Martin, Owens, Rankin, and 
Strong — 14. 

Sick — Messrs. Mack, Mitchell, and Peck — 3. 

The Sergeant-at-arms reported Mr. Strong 
outside the bar, under arrest. Mr. Strong 
stated his excuse to be that he had been en- 
gaged in writing out the report of the Com- 
mittee on Education. On motion of Mr. 
Drake, he was excused. 

The Sergeant-at-arms reported Mr. 
D'Oench outside the bar, under arrest. 
Mr. D'Oench stated that the cause of his 
absence was sickness. On motion of Mr. 
Bush, he was excused. 

Mr. Williams of Caldwell moved that 
further proceedings under the call be dis- 
pensed with, which motion Avas disagreed to. 

Mr. Clover presented himself, under 
arrest, and stated that he liad been detained 
by trying a case in court. On motion, Mr. 
Clover was excused. 



188 



Mr. Rankin presented himself, under 
arrest , and stated tliat he had been eno-aged 
in writing. On motion, he was excused. 

Mr. Fletcher presented himself, under 
arrest, and stated that he had just arrived on 
the cars. On motion, he was excused. 

On motion of Mr. Foster, further pro- 
ceedings under the call were dispensed with. 

On motion of Mr. Foster, leave of ab- 
sence was granted to Mr. Clover for this day. 

On motion of Mr. St. Gem, leave of ab- 
sence was granted to Mr. Fletcher for four 
days . 

On request ot Mr. Thilenius. leave of 
absence was granted him for this week. 

On motion of Mr. Drake, the article on 
Eight of Suffrage was taken up, and the 
question then being on the amendment 
offered by Mr. Owens to the amendment 
offered by Mr. Krekel, Mr. Owens de- 
manded the ayes and noes thereon, and the 
vote being taken, stood as follows: 

Ayes — Messrs. Holcomb and Switzler — 2. 

]S[oES — Messrs. Barr, Bonham, Bunce, 
Bush, Childress, Clover, Davis of ]S[odawa5^ 
Dodson, D'Oench. Drake, Ellis, Evans, 
Filley, Fletcher, Folmsbee, Foster, Ful- 
kerson, Gilbert of Lawrence, Gilbert of 
Platte, Gilstrap, Green, Henderson, Hol- 
land, Hughes, Hume, Husmann, King, 
Linton. McKernan, McPherson, Morton, 
Newgent, Rankin, "Rohrer, St. Gem, Smith 
of Mercer, Smith of Worth , Strong, Sutton, 
Swearingen, Thilenius, Williams' of Cald- 
well, Williams of Scotland, and Mr. Presi- 
dent— 44. 

Absent with Leave — Messrs. Holds- 
worth, Leonard, Martin, Meyer, Nixdorf, 
and Weatherby — 6. 

Absent without Leave — Messrs. Adams, 
Bedford, Budd, Davis of IS'ew Madrid, 
Esther, Gamble, Grammer, and Owens — S. 

Sick — Messrs. Cowden, Mack, Mitchell, 
and Peck — 4. 

So the amendment was disagreed to. 

The question then being on the amend- 
ment offered by Mr. Krekel to the eigh- 
teenth section of the article on the Right of 
Suffrage, Mr. Gilstrap offered the following 
amendment to Mr. Krekel 's amendment, 
to -wit: 

Amend by striking out, in the seventeenth 
line, all after the Avord ' 'thereof, ' ' down to 
the word "and," in the twenty-first line. 

The question then being on the amend- 
ment to the amendment offered by Mr. Gil- 
strap, and on which he demanded the ayes 
and noes, the vote being taken, stood as 
follows : 



Ayes— Messrs. Bedford, Bush. Dodson, 
Gamble, Gilbert of LaAvrence, Gilbert of 
Platte, Gilstrap, Green, Hughes, ^STewgent, 
Switzler, and Mr. President — 12. 

Noes — Messrs. Barr, Bonham, Budd, 
Bunce, Childress. Davis of Nodawav, 
D'Oench, Drake, Ellis. Evans, Folmsbee, 
Foster, Fulkerson, Henderson, Holland, 
Hnme, Husmann. King, Linton, McKer- 
nan, McPherson, Rankin, Rohrer, St. Gem, 
Smith of Mercer, Smith of Worth, Strong, 
Sutton, Swearingen, Thilenius, Wilhams of 
Caldv.ell, and Williams of Scotland— 32. 

Absent with Leave — Messrs. Clover, 
Fletcher, Holdsworth, Leonard, Martin, 
Meyer, Nixdorf, and Weatherby— 8. 

Absent without Leave— Messrs. Adams, 
Davis of Xevr Madrid, Esther, Filley, Gram- 
mer, Holcomb, Morton, and Oweiis — 8. 

Sick— Messrs. Cowden, Mack, Mitchell, 
and Peck — 4. 

So the amendment to the amendment was 
disagreed to . 

The follomng amendment to the amend- 
ment offered by Mr. Gilstrap was read and 
disagreed to : 

Amend the amendment by inserting the 
word "male" before the word "person," 
in the first line. 

Mr. Drake offered the following amend- 
ment to the amendment : 

^ Amend the amendment hy striking out of 
lines one, two and three,' the following 
words: "and every person who may have 
declared his intention to become a citizen of 
the United States, according to law, at least 
six months before he offers to vote. ' ' 

At the request of Mr. Bush, leave of ab- 
sence was granted him for this afternoon. 

On motion of Mr. Folmsbee, the Conven- 
tion adjourned until half-past 2 o'clock P. M. 



AFTERNOON SESSION. 

Convention met pursuant to adjournment, 
the Vice President in the chair. 

The question being on Mr. Drake's amend- 
ment to the amendment of Mr. Krekel, Mr. 
Drake demanded the ayes and noes thereon; 
and the vote being taken, stood as follows: 

Ayes — Messrs. Budd, Bunce, Childress, 
Davis of Nodaway, Drake, Evans, Folms- 
bee, Fulkerson, Gamble, Henderson, Hol- 
land, Hume, McPherson, Morton, Rankin, 
Smith of Mercer, Smith of Worth, Strong, 
Sutton, Switzler, and Williams of Scotland 
—21. 

Noes — Messrs. Barr, Bedford, Bonham, 
Bush, Dodson, D'Oench, Ellis, Filley, Fos- 
ter, Gilbert of Lawrence, Gilbert of Platte, 
Gilstrap, Green, Holcomb, Hughes, Hus- 



189 



iiiaiin. King, Linton, Newg-ent, Kolirer, 
Swearingen, Thileiiius, and Mr. President 
—23. 

Absent with Leave — Messrs. Clover, 
Fie teller, lloldsworth, Leonard, Martin, 
Meyer, Nixdorl", and Weatherby— 8. 

Absent without Leave— Messrs. Adams, 
Davis of New Madrid, Esther, Gramnier, 
McKernan, Owens, St. Gem, and Williams 
of Caldwell— 8. 

Sick — Messrs. Cowden, Mack, Mitcliell, 
and Peek — 4. 

So tiie amendment to the amendment was 
disagreed to. 

Mr. HusMANN moved a call of the house, 
which was not sustained. 

Ml'. BuDD offered the following amendment 
to the amendment of Mr. Krekel : 

Strike out the word "citizen, ' ' in the tii-st 
line, and insert '-person;" strike out all 
after the word ^ 'article, ' ' in the tenth line. 

jyli-. BuDD withdrew the lirst part of liis 
amendment, to-wit: 

Strike out the word ' 'citizen, ' ' in the first 
line, and insert '-person." 

After debate, Mr. Budd withdrew his 
entire amendment. 

The question then being on the amendment 
of Mr. Krekel, the ayes and noes were 
demanded; and the vote being taken, stood 
as follows : 

Ayes— Messrs. Bedford, Bush, Dodson, 
D'Oench, Ellis, Evans, Poster, Gilbert 
of Lawrence, Gilstrap, Green, Holcomb. 
Hughes, Husmann, King, Linton, Newgent, 
liohrer, St. Gem, Tnilenius, and Mr. 
President— 20. 

Noes — Messrs. Barr, Bonham, Budd, 
Bunce, Childress, Davis of Nodaway, Drake, 
Piliey, Folmsbee, Pulkerson, Gamble, Gil- 
bert of Platte, Hendei'son, Holland, Hume, 
McKernan, McPherson, Morton, Pankin, 
Smith of Mercer, Smith of Wortii, Strong, 
Sutton, Swearingen, Switzler, 'Williams of 
Caldwell, and Williams of Scotland — 27. 

Absent with Leave— Messrs. Clover, 
Holdsworth, Leonard, Martin, Meyer, Nix- 
dorf, and \\^eatherby^7. 

Absent without Leave — Messi's. Adams, 
Davis of New Madrid, Esther, Pletcher, 
Gramnier, and Owens — 6. 

Sick — Messrs. Cowden, Mack, Mitcliell, 
and Peck— 4. 

So tlie amendment was disagreed to. 

Mr. Dkake offered the following amend- 
ment, which was adopted: 

Amend s<JCtion seventh, line lirst, by 
striking out the words --the adoption of, " 
and inserting, after the word "Constitu- 
tion, ' ' the words ' 'takes effect. ' ' 



Mr. Dr.AKE offered the following amend- 
ment, which was adopted : 

Amend section ninth, line tliird, by strik- 
ing out the words -'the adoption of," and 
inserting, after the word "Constitution," 
the words ' ' takes effect . ' ' 

Mr. Holcomb offered the following amend- 
ment: 

Amend by striking out section twenty-six. 

Mr. Foster moved the previous question, 
which was sustained. 

The question then being on the adoi^tion 
of Mr. Holcomb 's amendment, Mr. Drake 
demanded the ayes and noes thereon, and 
the vote being taken, stood as follows: 

Ayes — Messrs. Barr, Bush, Dodson, 
D'Oench, Ellis, Folmsbee, Foster, Gamble, 
Gilbert of Platte, Green, Holcomb, Hughes, 
Husmann, King, Meyer, Morton, Newgent, 
liohrer, Smith of Mercer, Sutton, Swearin- 
gen, Switzler, and Mr. President — 23. 

Noes — Messrs. Bonham, Budd, Childress, 
Davis of Nodawaj^, Drake, Evans, Filley, 
Fulkerson, Gilbert of Lawrence, Henderson, 
Holland, Hume, Linton, McPherson, Ean- 
kin. Smith of Worth, Strong, Williams of 
Caldwell, and Williams of Scotland — 19. 

Absent with Leave— Messrs. Clover, 
Fletcher, Holdsworth, Leonard, Martin, 
Nixdorf, Thilenius, and Weatherby — 8. 

Absent without Leave — Messrs. Adams, 
Bedford, Bunce, Davis of New Madrid, 
Esther, Gilstrap, Gramnier, McKernan, 
Owens, and St. Gem — 10. 

Sick— Messrs. Cowden, Mack, Mitchell, 
and Peck — 4. 

So the section was stricken out. 

Mr. Strong offered the following, to take 
the place of section twenty-six, reported by 
the committee: 

For the pui'xiose of ascertaining the sense 
of the people in regard to the admission of 
persons of color to the right of suffrage, the 
General Assembly may provide, by law, 
for submitting the question to the qualitled 
votei's at any general election to be held 
after the eleventh day of January, eigliteen 
hundred and seventy-five; and if' a majority 
of the votes given at any such election shall 
be in favor ot" colored suffrage, the persons 
of color being otherwise qurUilied as voters, 
shall be entitled to vote at all elections by the 
people. 

Mr. Folmsbee offered the following 
amendment to the proposition of Mr. Strong: 

AuKMul by inserting in the tenth line, after 
the words '"seventy-Hve, " these words, 
' • but at no earlier date. ' ' 

On motion of Mr. Foster, the Conven- 
tion ailjourned until i) o'clock to-morrow 
morning. 



190 



SIXTY-SEA^ENTH DA-Y. 



TUESDAY, M Alien 28th, 1865. 



Convention met pursuant to adjournment, 
the President in the chair . 

On request of Mr. Hughes, leave of 
absence was granted him for five days. 

On request of Mr. Newgent, leave of 
absence was granted him for eleven days. 

The article on the Declaration of Eights, 
offered b}^ Mr. Drake, was read a second 
time. 

The j)roposition of Mr. Strong, offered 
yesterday, with the amendment thereto 
offered by Mr. Folmsbee, was taken up. 

Mr. Hughes moved to lay them on the 
table, and on this motion demanded the ayes 
and noes, and tlie vote being taken, stood 
as follows : 

Ayes — Messrs. Budd, Davis of Nodaway, 
Dodson, Drake, Gilbert of Lawrence, Gil- 
bert of Platte, Gilstrap, Green, Holcomb, 
Hughes, Husmann, King, McPherson, 
Eohrer, and Mr. President— 15. 

JSToES — Messrs. Barr, Bonham, Bunce. 
Childress, Esther, Evans, Fletcher, Folms- 
bee. Fulkerson, Gamble, Henderson, Hol- 
land, Hume, Leonard, McKernan, Morton. 
Newo-ent, Eankin. Smitli of Mercer, Smith 
of Worth, Strong, Swearino-en, Switzler, 
Williams of Caldwell, and Williams of Scot- 
land — 25. 

Absent with LeavE' — Messrs. Foster, 
Holds worth, Martin, Mxdorf, and Thile- 
nius — 5. 

Absent WITHOUT Leave — Messrs. Adams, 
Bedford, Bush, Clover, Davis of Xew Ma- 
drid. D'Oench, Ellis, Filley, Grammer, 
Linton, Meyer, Owens, St. Gem, Sutton, 
and Weatherb}^ — 15. 

Sick— Messrs. Cowden, Mack, Mitchell, 
and Peck — 1. 

So the motion to lay on the table was 
rejected. 

On request of Mr. St. Gem, leave of ab- 
sence was granted him for this day. 

The President announced the follo\^ing 
committeee, in accordance with the resolu- 
tion offered by Mr . Drake yesterday, to see 
that the Constitution be correctly enrolled : 

Messrs. Drake, Switzler, and Holland. 

Mr. Bush obtained leave of absence for this 
afternoon. 

The question being on the amendment of 
Mr. Folmsbee to Mr. Strong's amendment, 
Mr. Folmsbee demanded the ayes and noes, 
and the vote being taken , stood as follows : 



Ayes — Messrs. Barr, Childress, Evans, 
Folmsbee, Henderson, Morton, Eankin, and 
Strong— 8. 

Noes — Messrs. Bonham, Budd, Bush, 
Clover, Davis of Nodawav, Dodson, 
D'Oench, Drake, Ellis, Esther, Filley, 
Fulkerson, Gamble. Gilbert of Lawrence, 
Gilstrap, Green, Holcomb, Holland, Hughes, 
Hume, Husmann, King, Linton. McKernan, 
McPherson, Meyer, Eohrer, Smith of Mer- 
cer. Smith of Worth, Swearingen, Williams 
of Caldwell, Williams of Scotland, and Mr. 
President— 33. 

Absent with Leave — Messrs. Fletcher, 
Foster, Holdsworth, Mai'tin, Newgent, 
Nixdorf, St. Gem, and Tbilenius — 8. 

xVbsent without Leave — Messrs. Adams, 
Bedford, Bunce, Davis of New Madrid, 
Gilbert of Platte, Grammer, Leonard, Owens, 
Sutton, and Weatherby — 10. 

Sick — Messrs. Cowden, Mack, Mitchell, 
Peck, and Switzler — 5. 

So the amendment was rejected. 

Mr. Bonham offered the following as a 
substitute for the amendment proposed by 
Mr. Strong: 

Sec. — . For the purpose of ascertaining 
the sense of the people in regard to the 
admission of persons of color to "the right of 
suffrage, the question shall be submitted to, 
and voted upon by, the qualified voters of the 
State, at the general election to be held in the 
yeai- one thousand eight hundred and seventy ; 
and if the vote of the people should be against 
such admission, the General Assembly may, 
at any time thereafter, provide by laAv for 
again' submitting the question to the qualified 
voters, at any general election, and as often 
as it may deem expedient. And if a majority 
of the votes given upon the question, at any 
such election, shall have been in favor of 
colored suttrao-e, the persons of color, bein^ 
otherwise qualified as voters, shall be entitled 
to vote at all elections by the people. The 
General Assembly shall, bylaw, provide for 
carrying this section into effect. 

On motion of Mr. Ellis, the Convention 
adjourned until half-past 2 o'clock P.M. 



afteenoon session. 

Convention met pursuant to adjoiu'nment, 
the President in the chair. 

Mr. Bonham 's substitute for the amend- 
ment of Mr. Strong was taken up. 

Mr. Bonham moved a call of the house, 
wfiiich was ordered, and the following mem- 
bers responded to their names : 



191 



Messrs. Adams, Bonliam, Budd, Bunce, 
Da^is of Nodaway, Dodson, Drake, Ellis, 
Evans, Folmsbee, Fulkersou, Gamble, Gil- 
bert of Platte, Gilstrap, Green, Henderson, 
Holcomb, Holland, Hume, King, Leonard. 
McKernan, McPlierson, Smith of Mercer, 
Sutton, Swearing-en, Williams of Scotland, 
and Mr. President— 28. 

Absent w i t h Leave — Messrs . Bush , 
Fletcher, Foster, Holdsworth, Martin New- 
gent, Nixdorf, Peck, St. Gem, and Thile- 
nius — 10. 

Absent without Leave — Messrs. Barr, 
Bedford, Childress, Clover, Davis of New 
Madrid, D'Oench, Esther, Filley, Gilbert 
of Lawrence, Grammer, Hughes. Husmann, 
Linton, Meyer, Moilon, Owens, Eankin, 
Rohrer, Smith of Worth, Strong, Weatli- 
erby, and Williams of Caldwell — ^22. 

Sick — Messrs. Cowden, Mack, Mitchell, 
and Switzler — 4. 

Mr. WiLLiA^is of Caldwell reported himself 
under arrest; stated that he had been detained 
with a sick friend. On motion, he was 
excused. 

Mr. Barr reported himself under arrest; 
stated that he had been detained on a com- 
mittee. On motion, he was excused. 

Mr. EoHRER reported himself under arrest; 
stated that he had returned as soon as he 
could, living some distance from the hall. 
On motion, he was excused. 

Mr. Meyer repoi-ted himself under arrest; 
stated that he had been at the provost 
marshal's office on special business. On 
motion, he was excused. 

Mr. Gilbert of Lawrence reported himself 
under arrest; stated that he had been in 
consultatioij with the Governor. On motion , 
he was excused. 

Mr. Gilstrap stated that he had no excuse 
to offer, nor should he offer any. The 
President decided that he was thereby in 
contempt of the Convention. 

Mr. Rankin reported himself under arrest; 
stated tliat he had been detained by a con- 
sultation with the Governor. On motion, he 
was excused. 

Mr. Childress reported himself under 
arrest; stated that he had been detained by a 
consultation with the Governor . On motion , 
he was excused. 

On motion of Mr. Davis of Nodaway, 
further proceedings under the call were 
dispensed with. 

Mr. BoNHAivr modified his substitute to Mr. 
Strong's amendment, so as to read as follows : 

For the purpose of ascertaining the sense 
of the people in regard to the aclmission of 



persons of color to the right of suffrage, the 
question shall be submitted to, and voted 
upon by, the qualified voters of the State, at 
the general election to be held in tlie j^ear 
one thousand eight hundred and seventy. 
And if a majority of the votes given upon the 
question, at such election, shall have been in 
favor of colored suffrage, then persons of 
color, beino- otherwise qualified as voters, 
shall be entitled to vote at all elections by the 
people. The General Assembly shall, by 
law, provide for carrying this section into 
effect. 

The question being on the substitute of Mr. 
Bonhara, as modified by him, he demanded 
the ayes and noes thereon; and the vote 
being taken, stood as follows: 

Ayes — Messrs. Bonham, D'Oench, Linton, 
McKernan, Williams of Scotland, and Mr. 
President— 6. 

Noes — Messrs. Adams, Budd, Bunce, 
Childress, Clover, Davis of Nodaway, 
Dodson, Drake, Esther, Filley, Folmsbee, 
Fnlkerson, Gamble, Gilbert of Lawrence, 
Gilbert of Platte, Gilstrap, Green, Hender- 
son, Holcomb, Holland, Hugiies, Hume, 
King, Leonard, McPherson, Meyer, New- 
gent, Rankin, Rohrer, Smith of Mercer, 
Smith of Worth, Strong, Sutton, and 
Swearingen — 34 . 

Absent with Leave — Messrs. Bush, 
Fletcher, Foster, Holdsworth, Martin, Nix- 
dorf, St. Gem, and Thilenius — 8. 

Absent without Leave — Messrs. Barr, 
Bedford, Davis of New Madrid, Ellis, Evans, 
Grammer, Husmann, Morton, Owens, 
Weatherby, and Williams of Caldwell— 11. 

Sicx — Messrs. Cowden, Mack, Mitchell, 
Peck, and Switzler — 5. 

So the substitute was rejected. 

Mr. Drake offered the following substitute 
for Mr. Strong's amendment: 

Sec. — . For the purpose of ascertaining 
the sense of the people in n^gard to the 
admission of persons of color to "the right of 
suffrage, the question shall, in the nmnner 
hereiirafter prescribed, be submitted to, and 
voted upon by, the qualified voters of the 
State, at the general election to be held in 
the year one thousand eight hundred and 
seveiity. The ballots in favor of the admis- 
sion of persons of color to the right of 
suffrage, shall have written or printed 
thereon the words ' 'Colored Suffrage — Yes;"' 
and those against such adunssion shall have 
written or ])rinted thereon tlie words 
''Colored Suffrage — No.'' The judges at 
said election shall count and return the votes 
given on said question, and the same shall 
be cast up" ami certitied by the clerks of the 
several county courts, to the Secretary of 
State. And -dt the expiration of forty days 
after the election, the Governor shall proceed 
to ascertain, from the retui-ns in the i^tlice of 
the Secretary of State, the aggregate vote 
of the State upon said question, including 
the soldiers' vote, hereinbefore provided for, 



192 



and shall amioiince the same by his proclama- 
tion. And if a majority of the rotes given 
and returned upon the' question shall have 
been in favor of colored suiirage, then, from 
the date of such proclamation, male persons 
of color, being otherwise qualiiied. shall be 
entitled to vote at all elections by the people. 

Mr. Drake moved the previous question, 
which was sustained bj' the Convention. 

The question then being on the substi- 
tute offered by Mr. Drake, Mr. Drake de- 
manded the ayes and noes thereon, and the 
vote being taken stood as follows ; 

Ayes — Messrs. Bonham. Davis of Noda- 
way, D'Oench, Drake, Filley, Fulkei'son, 
Gilbert of Lawrence, Holland, Hume, Lin- 
ton, McPtierson, Newgent, ^?niith of Worth, 
Swearingen, Williams' of Scotland and Mr. 
President — 16. 

Noes — Messrs. Budd, Bunce, Childress, 
Clover, Dodson, Esther, Folmsbee. Gam- 
ble, Gilbert of Platte, Gilstrup, Green, Hen- 
derson, Holcomb. Hughes, Kujg, Leonard. 
McKernan, 31eyer, Rankin, Smith of Mer- 
cer, Strong, and Sutton — 22. 

Absent with Leave — Messrs. Bush, 
Fletcher, Foster, Holdsworth, Martin, Nix- 
dorf, St. Gem, and Thilenius — 8, 

Absent without Leave — Messi's. Adams, 
Barr, Bedford, Davis of New Madrid, Ellis, 
Evans, Grammer, Husmann, 3Iorton, 
Owens, Eohrer, Switzler, Weatlierbv and 
Williams of Caldwell— 1-t. 

Sick — Messrs. Cowden, Mack, Mitchell, 
and Peck — 4. 

So the substitute was rejected. 

The question then being on adopting Mr. 
Strong's amendment, Mr. Gilstrap de- 
manded the ayes and noes thereon, and the 
vote being taken, stood as follows: 

Ayes — Messrs . Folmsbee , Henderson , 
McKernan, Rankin, and Strong — 5. 

Noes — Messrs. Adams, Bonham, Budd, 
Bunce, Childress, Clover, Davis of Noda- 
way, Dodson, D'Oench, Drake, Esther, 
Filley, Fulkersoii, Gamble, Gilbert of Law- 
rence. Gilbert of Platte, Gilstrap, Green, 
Holcomb, Holland, Hughes, Hume. King, 
Leonard, linton, McPherson, Meyer, New- 
gent, Smith of Mercei-, Smith of AVorth. 
Sutton, Swearingen, Williams of Caldwell, 
Williams of Scotland, and Mr. President — 35. 

Absent with Leave — Messrs. Bush, 
Fletcher, Foster, Holdsworth. Martin, Nix- 
dorf, St. Gem, and Thilenius— 8. 

Absent without Leave — Messrs. Barr, 
Bedford, Davis of New Madrid , Elhs, Evans, 
Grammer, Husmann, Owens, Rohrer, Mor- 
ton, Switzler. and Weatherby — 12. 

Sick — Messrs. Cowden, Mack, jMitchell, 
and Peck — 4. 

So the amendment of Mr. Strong was 
rejected. 



Mr. Strong moved that the question of 
negro suifi-age be indefinitelj^ postponed; 
which motion was withdrawn. 

Mr. Green offered the following as a sub- 
stitute for the original article on the Right 
of Suffrage: 

article — . 
Elections^ Qualifications of Voters and others. 

Section 1 . After the adoption of this Con- 
stitution, all general elections shall be held 
biennially, commencing on the Tuesday after 
the ffrst Monday in November, A. D. 1866, 
and eveiy two years thereafter, on Tuesday, 
before the ffrst Monday of the same month: 
Provided^ The General Assembly may, by 
law, prescribe a different day. 

Sec. 2. Every white mafe citizen of the 
LTnited States ( except idiots, insane persons, 
and sucli as are disqualiffed in the third sec- 
tion of this article for disloyal practices and 
sympathies), who shall have attained to the 
age of twenty-one years, been a resident of 
this State one year, and of the county in 
which he offers to vote two months, next 
before an election, shall be entitled to be 
registered, and to vote at all elections. 

Sec. 3. Persons who, since the seventeenth 
day of December, A. D. 1861, shall have 
voluntarily engaged in war, rebellion, insur- 
rection, or warlike ai-ray (or who, since 
said day, shall have voluntarily adhered to, 
openly sympathized with, or in nny way 
aidedl abetted, or en(?ouraged others so en- 
gaged) against the government of the Uni- 
ted States, or of the'State of Missouri, or the 
military forces or loyal people thereof, and 
persons who, after having voted at sluj elec- 
tion, shall have claimed protection of any 
foreign government, to secure exemption 
from any military draft, or from service in the 
militia forces of this State, are hereby dis- 
cpialified to vote, hold office, serve on juries, 
teach in public schools, serve as judges or 
clerks of any election, or as an offfcer of any 
corporation in this State: Provided, hov:ever^ 
That any such person who, after having 
committed the acts aforesaid, shall have 
enlisted, as a volunteer, in the military ser- 
vice of the United States, or of this State, 
and served one j^ear, or more, and been 
thereafter honorabl}^ discharged, is hereby 
i relieved against the disabilities hereinabove 
imposed. 

Sec. 4. All elections shall be by ballot, and 
continue one day only, except that the votes 
of qualified electors, absent in the military 
service of the United States, or of this State, 
shall be taken in any manner, on any day or 
days within twenty days before any'election 
diiy, and return eel in* any time an cl manner 
as the General Assembly may, hy law, pre- 
scribe . 

Sec. 5. The General Assembly shall have 
power to exclude from the privileges of an 
elector, or other privilege, any person who 
may have been convicted of bribery, perjury, 
or other infamous crime. 



193 



Sec. 6. Electors, cluriug- attendance at 
elections, and in goino- to and retnrning- 
therefrom, shall be privileged from arrest, 
in all cases except treason, felony, or breach 
of the peace. 

Sec. 7. Xo person in the military, naval, 
or marine service of the United States, shall, 
by being stationed in any garrison, military 
or naval station within this State, be consid- 
ered a resident of this State. 

Sec. 8. For the purpose of preserving in 
purity the elective franchise to the loyal peo- 
ple, and of carrying into efiect the provisions 
of this article of the Constitution, it shall be 
the duty of the General Assembly, before 
the next general election, to enact a uniform 
registration law, with such safeguards as 
will secure the registration of the qualified 
electors in every county, protect the ballot- 
box to loyal voters, and exclude therefrom 
the persons disqualified in section three of 
this article: Provided, That until such law 
shall have been enacted, elections may be 
conducted, and returns made, as now pro- 
vided by law. 

Sec. 9. It shall be the duty of the General 
Assembly, in addition to a registration law, 
to pass all such laws as may be found 
necessary to enforce the provisions of the 
several sections of this article, and especiall}^ 
the disqualifications imposed in the third 
section. 

Sec. 10. Two years after the suppression 
of the rebellion and the restoration of i3eace 
between the Government of the United States 
and the so-called Confederate States of 
America, the General Assembly shall have 
power to declare, by law, the third section 
of this article, in whole or in part, inopera- 
tive and void, with such discriminations as 
they may by law^ provide . 

Sec. 11. Before any person shall hold any 
position as an officer in any corporation 
vote at any election , or teach 'in any public 
school in this State, he shall take and 
subscribe to the following constitutional oath : 
"I, A. B., do solemnly sw^ear (or afiirm) 
that, since the 17th day of December, 1861, 
I have never, voluntarily, engaged in war, 
rebellion, insurrection,"^ or w^aiiike array 
(nor have I, since said day, voluntarily, 
adhered to, openly sympathized with, or in 
any way aided, abetted, or encoui-aged others 
so engaged) against the Government of the 
United States or of the State of Missouri, or 
the military forces, or the loyal people 
thereof; nor have I, since said day, having 
voted at any election, ever claimed the pro"^ 
tection of any foreign o-overiiment, to secure 
exemption from any military drafts, or from 
service in the nnlitia forces of this State; 
but, since said day, I have, at all times, 
faithfully adhered to my allegiance to the 
Government of the United States and of the 
Stale of Missouri . I will support, defend and 
protect the Constitution of the United States 
and of this State against all enemies or 
opposers, so help me God. ' ' 



Mr. Strong moved to lay Mr. Green's 
substitute on the table ; on which motion Mr. 
BoNHAM demanded the ayes and noes, and 
the vote being taken, stood as follows: 

Ayes — Messrs. Barr, Bonham, Budd, 
Bunce, Childress, Davis of Nodaway, 
Dodson. D'Oench, Drake, Esther, Filley, 
Fulkerson, Gamble, Gilbert of Lawrence, 
Henderson, Hume, King, McKernan, Mc- 
Pherson, Newgent, Rankin, Smith of 
Mercer, Smith of Worth, Strong, Sutton, 
Swearingen, Williams of Caldwell, and 
Williams of Scotland — 28. 

Noes — Messrs. Adams, Clover, Gilbert of 
Platte, Gilstrap. Green, Holcomb, Holland, 
Hughes, Leonard, Linton, Meyer, and 
Mr. President — 12. 

Absent with Leave — Messrs. Bush, 
Fletcher, Foster, Holdsworth, Martin, Nix- 
dorf, St. Gem, and Thilenius — 8. 

Absent without Leave — Messrs. Bedford, 
Davis of New Madrid, Ellis, Evans, Folms- 
bee, Grammer, Husmann, Morton, Ow^ens, 
E,ohi-er, Switzler, and Weatherby — 12. 

Sick — Messrs. Cow den, Mack, Mitchell, 
and Peck^ — 4. 

So the motion to lay on the table was 
agreed to. 

Mr. Bonham ofiered the following as a 
new section: 

Every male person of foreign birth, of the 
age of twenty-one years or upward, who has 
resided in the State one year next preceding 
any election, and sixty days in the county or 
precinct where he otters to vote, and shall 
have declared his intention to become a 
citizen of the United States, according to the 
laws of Congress on the subject of natural- 
ization, shall be allowed to vote at all 
elections in this State. 

Mr. Holcomb moved the previous ques- 
tion, w^hich was sustained. 

The question then being on the adoption 
of Mr. Bonham 's proposition, Mr. Bonham 
demanded the ayes and noes, and the vote 
being taken, stood as follows: 

Ayes— Messrs. Barr, Bonham, Clover. 
Dodson, Filley, Gilbert of Lawrenee, Gil- 
strap, Green, Hughes, King, Leonard. Lin- 
ton, Meyer, Newgent, Swearingen, Williams 
of Caldwell, and Mr. President — 17. 

Noes — Messrs. Adams, Budd. Bunce. 
Childress, Davis of Nodaway. Drake. Esther. 
Folmsbee, Fulkerson, Gamble, Gilbert of 
Platte, Henderson, Holcomb, Holland. 
Hume, McPherson, Rankin, Smith of Mer- 
cer, Smith of Worth, Strong, Sutton, and 
Williams of Scotland— 22. 

A B s E X t w I t 11 Leave— Messrs . Bush . 
Fletcher, Foster, Holdsworth, Martin. Nix- 
dorf, and Thilenius — 7. 

Absent without Leave- ^lessrs. Red- 
ford, Davisof New Madrid, D'Oonch. Ellis. 
Evans, Grammer, Husmann, McKernan. 



194 



Morton, Owens, Rohrer, St. Gem, Switzler, 
and Weatherby — 14. 

Sick— Messrs. Cowden, Mack, Mitchell, 
and Peck — 4. 

So the new section was rejected. 
Mr. GiLSTRAP offered the following- amend- 
ment : 

Strike out section third, and insert in lieu 
thereof the following: 

Sec. 3. That no person , disqualified under 
the provisions of this section, shall be 
deemed to be a qualified voter at any election 
under the Constitution or laws of this State, 
or to be qualified to hold any ofiice of profit 
or trust thereunder; or be permitted to be- 
come a teacher in any public school, or 
allowed to solemnize the right of matri- 
mony^ , or to act as an officer in any corpora- 
tion within this State. 

First — All persons who have been, or who 
hereafter may be, voluntarily engaged in 
any armed insurrection or rebellion, or in 
any armed hostile array against the Govern- 
ment of the United States, or of the State of 
Missouri. 

Second — All persons who have been , or who 
hereafter may be, voluntarily engaged in 
giving aid and comfort to any person or 
persons described in the preceding sub- 
division. 

Third — All persons who have been , or who 
hereafter may be, voluntarily acting with 
any armed band of partisans, guerrillas, 
marauders, or so-called bushwhackers, in 
violation of the laws of the United States, 
or of the State of Missouri ; and all persons 
who have been, or who hereafter maybe, 
voluntarily engaged in gi\ing aid and com- 
fort to any person or persons acting with 
any such ai-med band, so in violation of said 
laws. 

Fourth — All persons who have, or who 
hereafter may have, since the 10th daj^ of 
June, A. D. 1862, voluntary adhered to"^ the 
cause of the so-called Confederate States of 
America: Providxd^ That any person who 
may be disqualified under the first or second 
sub-divisions of this section, for acts done, 
or words spoken or written, prior to the 
eaid 10th day of June, A. D. 1862, and 
who, prior to said day, shall have taken the 
teneiit of any proclamation of pardon, or 



of amnesty, in relief therefrom, issued 
under the authoilty of the President of the 
United States, or the Governor of the State 
of Missouri, or under any ordinance of her 
Convention, and who shall have continued 
faithfully to keep and observe the conditions 
thereof, shall be relieved and excepted from 
all disqualifications under this section: and 
provided further^ That any person who may 
be disqualified under the provisions of the 
first, second, and fourth sub-divisions ol 
this section, prior to the 10th day of May, 
A. D. 1865, and who shall have, prior to 
that day, volunteered into the military ser- 
vice of the United States, and shall faithfully 
serve therein for the period of twelve months, 
unless sooner discharged, shall be relieved 
from such disqualification. 

Mr. BoxHAM moved to lay Mr. Gilstrap's 
amendment on the table, and demanded the 
ayes and noes thereon, and the vote being 
taken, stood as follows: 

Ayes — Messrs. Adams, Barr, Bonham, 
Budd, Bunce. Childress-, Da^ds of Nodaway, 
Drake, Filley, Fulkerson, Gamble, Gilbert 
of Lawrence, Henderson, Holland, Hume, 
Kino-, Leonard, McKernan, McPherson, 
Kankin, Strong, Sutton, Swearingen, Wil- 
liams of Caldwell, and Williams of Scot- 
land — 25. 

Noes — ^Messrs. Clover, Dodson, D'Oench. 
Esther, Folmsbee, Gilbert of Platte, Gil- 
strap, Green, Holcomb, Linton, Meyer, 
Rohrer, Smith of Mercer, Smith of Worth , 
and Mr. President — 51. 

Absent with Leave — Messrs. Bush, 
Fletcher, Foster, Holdsworth, Martin, New- 
gent, Nixdorf, St. Gem, and Thilenius — 9. 

Absent without Leave — Messrs. Bed- 
ford, Davis of New Madrid, EUis, Evans, 
Grammer, Hughes, Husmann, Morton, 
Owens, Switzler, and Weatherby — 11. 

Sick — Messrs. Cowden, Mack, ]Mitchell, 
and Peck — 1. 

So the motion to lay on the table was 
agreed to. 

On motion of Mr. Strong, the Conven- 
tion adjourned until 9 o'clock to-morrow 
morning. 



195 



SIXTY-EIGHTH D^Y. 



Convention met pursuant to adjournment, 
the President in the cliair. 

Mr. Green offered the following ordi- 
nance, which was read the first time: 

AN ORDINANCE PROVIDING- FOR THE ELECTIVE 
FRANCHISE. 

Be it ordained by the People of the State of 
Missouri^ in Convention assembled^ as follows : 

Sec. 1. All general elections in this State, 
shall be held biennially, on Tuesday after 
the first Monday in November, in the year of 
our Lord one thousand eight hundred and 
sixtj'^-six, and on the same day every two 
years thereafter. 

Sec 2. All elections, in this State, shall 
be by ballot, and continue one day only. 

Sec. 3. Every white male citizen of the 
United States, and every white male person 
w^ho may have declared his intention to 
become a citizen of the United States, in 
pursuance of law, at least six months before 
he offers to vote, or to be registered as a 
voter; w^ho is over the age of twenty-one 
years, having complied with this ordinance, 
and is not disqualified by or under its provi- 
sions ; who shall have resided within this State 
one year next before any election, the last 
sixty days of which period shall be in the 
election district in which he is registered and 
offers to vote, shall be a qualified voter at all 
elections in this State: Provided^ That no 
person shall vote in any other county than 
that in which he shall be registered, except 
persons in the military service of the United 
States and of the State of Missouri. 

Sec. 4. Persons who, since the seventeenth 
day of December, in the year of our Lord 
one thousand eight hundred and sixty-one, 
shall have voluntarily engaged in any insur- 
rection, rebellion, war, or warlike array, 
or who, since said day, shall have voluntarily 
adhered to, openly sympathized with , or in 
any way aided, abetted , or encouraged others 
so engaged, against the Government of the 
United States or of the State of Missouri , the 
military forces or the loyal people thereof; 
and persons Avho, after having voted at any 
election within the United States, shall have 
claimed protection of any foreign govern- 
ment, to secure exemption from any military 
draft, or from service in the militia forces of 
this State, are hereby disqualified to vote, 
hold office, serve on juries, teach in public 
schools, serve as judges or clerks of any 
election , or as an officer in any corporation 
in this State: Provided^ hoioever, That any 
such person who, after having committed 
any of the acts aforesaid, shall liave enlisted 
as a volunteer in the military service of the 
United States or of this State, and served one 
year or more, and shall have been honorably 



WEDKESDAY, March 29th, 18G5. 

discharged, is hereby relieved from the 
disabilities hereinbefore imposed. 

Sec. 5. Before any person shall vote at 
any election, hold any office, serve on any 
jury, teach in any public school, serve as a 
judge or clerk of any election, or as an officer 
in any corporation, within this State, he 
shall take the following constitutional oath: 
"I do solemnly swear (or affirm) that I 
will support the Constitution of the United 
States, and of the State of Missouri, and 
obey the laws constitutionally enacted there- 
under, and defend and protect the same 
against all enemies and opposers, domestic 
or foreign, to the best of my ability; so help 
me God . And I do further swear (or affirm) 
that, since the seventeenth daj^ of December, 
in the year of our Lord one thousand eight 
hundred and sixty-one, I have never volun- 
tarily engaged in any insurrection, rebellion, 
war, or warlike array; nor have I, since 
said day, voluntarily adhered to, openly 
sympathized with, or in aiw way aided, 
abetted, or encouraged others so engaged, 
against the government of the United States, 
or of the State of Missouri, the military 
forces, or the loyal people thereof; nor have 
I, after having voted at any election within 
the United States, claimed protection of any 
foreign government, to secure exemption 
from any military draft, or from service in 
the military forces of this State. ' ' 

Sec. 6. Any person who shall willfully 
take the oath in the next preceding section 
provided, knowing the facts therein, or any 
one of them, to be false, shall be guilty of 
perjurj'-, and punished under existing laws. 
And any joerson who shall vote, or offer to 
vote, at unj election in this State, having 
taken said oath falsely, in any ftxct iherein 
mentioned, whether knowingly or not, shall 
be guilty of a misdemeanor, and punished 
by hne not less than one hundred dollars, 
nor more than five thousand dollars, or by 
imprisonment in the county jail not less than 
three, nor more than twelve months. 

Sec. 7. The General Assembly shall have 
the power to exclude from the privilege of 
voting, or other privilege, any person' who 
may have been convicted of briberj", perjury, 
felony, or other infiimous crime. 

Sec. 8. Voters, during their attendance 
at elections, and in going to and returning 
therefrom, shall not be subject to arrest, 
except for treason, felony, or breach of the 
IDcace. 

Skc. 9. No person in the military, naval, 
or marine service of the United States, by 
being stationed in any garrison, military or 
naval station within this State, shall be con- 
sidered a resident of this State. 

Sec 10. For the purpose of preserving, 
in purity, the elective franchise to the loyal 



196 



people, and of canying into effect the pro- 
■\dsious of this ordinance , it shall be the dut}^ 
ot the General Assemblj^, before the next 
general election, to enact a uniform reo-is- 
tration law requiring the registration ol all 
ieo'al voters in this State, in pursuance of 
this ordinance: Provided^ That any person 
being otherwise qualified to vote in this 
State, who may be absent from the countj^ of 
his residence, in the military service of the 
United States, or of this State, wherever he 
may be shall be entitled to vote, without 
reg'istration, on any day or days within 
twenty days next before and includino- any 
election day, in such manner as now'is, or 
hereafter maybe, provided by law. 

Sec. 11. Every officer, civil and military, 
elected or appointed in pursuance of the 
Constitution and laws of this State, before 
entering upon the duties of his office, shal[ 
take and subscribe the constitutional oath in 
this ordinance provided, and shall file the 
same in the office of the clerk of the county 
court in the county of his residence; except 
members of the General Assembly, who 
shall take the same oath on taking their seats 
in that body. 

Sec . 12. Until a registration of voters shall 
he made, in pursuance of this law. all voters 
shall take the constitutional oach aforesaid, 
before voting at an\^ election hereafter held; 
and may be challenged before the judges of 
the election as being disqualified under this 
ordinance. But after such registration shall 
have been made, no question," except that of 
registration. shaU be tried before the judges 
of any election . 

Sec. 13. Any provision of the Constitution 
of this State, or of any law or ordinance of 
this State, in conflict with the provisions of 
the emancipation ordinance passed by this 
Convention on the 11th day of January, 
A. D. 1865, and inconsistent with the provi- 
sions of this ordinance, is hereby abrogated. 

Sec. 11. The General Assembly shall, 
after the 1st day of January, A. D. 1870, 
have the power to repeal the fourth section 
and the second subdivision of the oath 
required in the fifth section of this ordinance. 

Sec. 15. On the taking effect of the Con- 
stitution proposed 'bj tliis Convention, this 
Oi'dinance shall become inoperative and void. 

Mr . BoxHAM moved to reject the ordinance , 
and demanded the previous question, which 
was sustained. 

The question then being on the rejection 
of the ordinance, Mr. Bonham demanded 
the ayes and noes thereon; and the vote 
being taken, stood as follows: 

Ayes — Messrs. Adams, Barr, Boiiham, 
Budd , B unce , Childress , JDavis of ]N odaway , 
Drake, Esther, Evans, Filley, Folmsbee, 
Fulkerson, Gamble, Gilbert of Lawrence, 
Henderson, Hume. King, Leonard, Mc- 
Kernan, McPherson, Smith of Worth, 
Strong, Sutton, Williams of Caldwell, and 
WiUiams of Scotland— 26. 



XoES — Messrs. Bedford, Bush, Dodson, 
D'Oench, Ellis, Gilbert of Platte, Gil strap, 
Green, Holcomb, Holland, Husmann, Lin- 
ton, Meyer, St. Gem, Swearingen, Switzler, 
and Mr ^ President— 17 . 

Absext with Leave — Messrs. Fletcher, 
I Foster, Holdsworth, Hughes, Martin, New- 
! gent, Xixdorf, and Thileiiius — 8. 
^ Absent without Leave — Messrs. Clover, 
Davis of New Madrid, Grammer, Morton, 
Owens, Rohrer, Smith of Mercer, and 
Weatherby— 8. 

Sick — Messrs. Cowden, Mack, 3Iitchell, 
Peck, and Rankin — 5. 

So the ordinance was rejected. 

3Ir. Stroxg, Chairmanof the Committee on 
Education, presented the following report: 

The committee to whom was referred the 
article of the Constitution upon Education, 
would respectfully report, that they have 
had the subject under consideration, and 
herewith present an article which embodies 
the ^iews of the committee. 

It will be readily admitted that the subject 
of general education is one of the most 
important that can engage the attention of 
those who desire the success and permanency 
of tree institutions. All the constitutional 
safeguards which can be throvvm around the 
liberty of the people will avail but little, 
I unless the people themselves possess a suffi- 
cient degree of knowledge and intellio-enee 
rightly to appreciate the benefits of free 
government. 

In our own State, just emerging from the 
desolations and dangers of a tei-rible civil 
war, and throwing oft the shackles of a sys- 
tem of domestic "slavery, which paralyzed 
energy, discouraged enterprise, and pro- 
scribed the general diffusion of knowledofe, 
it seems a most appropriate time to establish 
a system of public schools, wliich, in the 
munificence of its provisions, the compre- 
hensiveness of its objects, shall make free 
Missouri a worthy pattern for all States that 
would carry the means of a good education 
to the doo/of every inhabitaht, without dis- 
tinction of race, of color, or condition. 

The plan we propose contemplates the 
establislrment of a free school in every neigh- 
borhood where a sufficient number of chil- 
dren can be found to compose a sciiool, in 
which the rjrimarj" branches of instruction 
— reading, writing, spelling, arithmetic, 
geography, and grammer — shall be taught 
to every child in 'the State, who desires or 
needs the advantao-es of such instruction. 

As population increases, the same plan 
will permit the establishment of schools of a 
higher grade, for instruction in the higher 
branches of education. Provision is also 
made for the e>tablishmeut of a State Uni- 
versity, wiiich wiU furnish all the advantages 
of the most liberal course of instruction, 
with departments or colleges, which may be 
located at difierent points Avithin the State, 
in which special instruction shall be given in 
the art of teaching, also in agriculture, and 



19T 



in the natural sciences, especially in their 
application to the development of the extra- 
ordinary ao-ricultural and mineral resources 
of the State . 

The thorough training of professional 
teachers, thereby securing for that most 
honorable and iiiiportant calling, tlie rank 
and dignity of the so-called ' 'learned and 
liberal professions, '' appears to be the first 
step towards securing the complete success 
of any system of popular education. Until 
this is elfected, we shall he dependent for 
most of our teachers upon those who, how- 
ever well qualilied so far as literary attain- 
ments are concerned, have never contem- 
plated the profession of a teacher as the busi- 
ness of life, and enter upon it as a temporary 
expedient, to secure the means for attainin^^ 
some other profession or position, deemed 
more honorable or desirable, rather than as 
a position of usefulness and influence, wor- 
thy the noblest eiiergies and most ardent 
devotion of a lifetime. 

A system which depends for its success 
upon the etlbrts of those who have no per- 
manent interest in it, labors under great 
disadvantages. A successful teacher must 
be not only well ti-ained in the theory of his 
professioir. but he must possess an enthusi- 
astic devotion to it, and that entire consecra- 
tion of all his faculties to its prosecution, 
which, in this, as in all other professions, 
is essential to success. In theology, law 
and medicine , we expect a professional edu- 
cation, and schools are endowed for special 
instruction upon tliose subjects. 

Why should not the teacher be prepared for 
his most important work, b}^ special instruc- 
tion in tlie peculiar duties of his profession? 

The departments of agriculture and the 
natural sciences, will have a most important 
bearing upon the development of the agri- 
cultural and mineral resources of the State. 

Whatever prejudice may exist against what 
is called "-book farming, ' ' it is nevertheless 
true that knowledo-e and intelligence are as 
valuable in the cultivation of the soil as in any 
other pursuit. Scientific research has not 
only developed the mode whereby two 
blades of grass can be made to grow where 
only one would grow before, but it has dis- 
covered the means whereby the exhausted 
soil and the sterile waste might be reclaimed 
and made to yield abundant' harvests. 

As Missouri possesses a soil and climate 
peculitirly adapted to the p]-odu(;tion of the 
greatest ^•al■iety and abundance of fruits and 
grains, and especially of the gra]')e, it seems 
appropriate tliat we should establish, at the 
earliest ]>racticable moment, a department 
for instruction in tliose sciences which have 
a direct bearing upon tluMlcvelopmentof this 
agricultural wealth, n<^t only that we may 
secure the greatest return tor the labor and 
capital invested, but that we may give dignity 
and importance to the pursnils of the hus- 
bandman, and make liis calling what it 
should be, the most independent and honor- 
able that can engage the attention of a 
freeman. 



What science can do for agriculture, it can 
also do, perhaps in a higher degree, in 
developing and reducing to practical value, 
the varied and exhaustless mineral resources 
of the State, therebj^ inviting among us 
capital, labor and skill from other countries, 
and adding to the wealth and attractiveness 
of our commonwealth. 

The management of the affairs of the 
public schools is committed to a board of 
education, composed of three persons, two 
of whom are officers of the State Government, 
and the other is elected for the express 
purpose of superintending the affairs of these 
schools. This officer will be the president 
of the board, and will be mainly responsible 
to the public for the success of the system of 
free schools. He is to hold his ofrlce for four 
years, being two years longer than the term 
of other State offfcers. Most of your com- 
mittee deemed it proper to make his term of 
office four years, because of the extended 
field with Avliich he must become ultimately 
acquainted, and because of the necessity of 
securing uniformity and a general haj-mony 
of plan in the schools throughout the State, 
to insure efficiencj^; and no man, in the short 
space of two years, could expect to organize 
and set in motion so extensive a system of 
pubhc schools as our plan contemplates, nor 
to become acquainted with its workings and 
necessities after it v>'as organized. Frequent 
changes in the mode of instruction, or in any 
of the general arrangements of such schools, 
nmst necessarilj^ be detrimental, and should 
be avoided . 

The election of the superintendent is left 
with the peoi^le. Much will depend upon 
the character and qualifications of this officer. 
He should be a man not only of thorough 
mental culture and extensive information, 
hut of enlai'ged and liberal views, having 
some proper "estimate of the responsibility of 
his position, and the magnitude of the work 
entrusted to him. The training of the chil- 
dren and youth of a free commonwealth is a 
trust of no ordinary importance. He should 
be al)le to secure the confidence of the 
individual parent, who will entrust to him 
his most valued possessions (his children), at 
tiie same time that he rightly guards the best 
interests of the State atlarge". As none are 
more deeply interested in securing a compe- 
tent and worthy superintendent \han those 
who are to support these scnools. and be 
benefited by them , it seems eminently proper 
to leave tlie selection of this officer to the 
choice of the people. 

Another featui-e of our plan is found in the 
attempt to secure an equal distribution of all 
fuiuls held for ]uu'poses of comuKUi schools 
throughout the State. Your connnittee con- 
sider that it would be very advantageous to 
the cause of popular education, if local funds 
were, as far as possible, nuM-ged in the public 
school fund held by the State; but as tb.iscan 
not be acci>mplislied without inl'ringing upon 
vested riglits. the etiuali/ation can only be 
secured by discriminating in favor of thosje 



198 



sections of the State wliicli have no iDublic 
funds, so that the children in those sections 
will receive an amount from the State fund 
equal to the amount received by those favored 
with local funds. There seems to be a pro- 
priety in this mode of distribution which 
needs no argument to commend it to all the 
friends of equal justice. 

The removal of slavery, as one of the 
institutions of .the State, and the consequent 
change of policy toward the colored race 
among' us, has imposed upon the common- 
wealth the duty of furnishing to this hitherto 
oppressed and neglected people the means of 
education. We are under imperative obliga- 
tions to do this, from a sense of justice to 
them, and from a regard to our own safety. 
One of the deepest wrongs inflicted upon the 
African race, by the system of slavery, was 
the deprivation of all means of education and 
self-improvement. So lono- as the State 
doomed him to slavery, it was deemed 
essential to her security that he should be 
kept in ignorance. Intelligence and slaverj^ 
could not long exist togetlier. But since he 
has been made a free man, it is equally 
essential that lie should be made intelligent. 
Provision has therefore been made for an 
equal participation by colored children in 
the benefits of the public school fund, with 
the whites. The only distinction between 
the races, found in the article we submit, is 
that which enables the General Assembly to 
establish separate schools for children of 
color. We do not expect, and have not 
sought, to obliterate what has been termed 
an "antipathy of the races," by constitu- 
tional or legislative enactments. 

In distributing the school fund we have 
provided that only those who actually 
receive instruction \shall be entitled to it, 
and then just in proportion to the length of 
time during whicli they attend the public 
schools . The gi-eat object to be secured is 
the education of every child in the State to 
that extent which is perhaps most generally 
understood by the phrase, • 'a good common 
school education, ' ' while a higher degree of 
attainment ought to be, and will be, pro- 
vided for all who desire it, under our system, 
when fully orgaiiized. Nothing less than 
this would deserve the name of popular 
education . To secure at least this degree of 
mental culture, provision is made for requir- 
ing attendance at the public schools of all 
children who are not otherwise instructed, 
during such a period of time as will enable 
each child to acquire the rudiments of edu- 
cation. The time fixed in the article is four 
years, of tour months each: that is, each 
child, not incapacitated by mental or physi- 
cal infirmity, must receive at least sixteen 
months instruction, at some period between 
the ages of five and eighteen years . 

We suppose the instances will be rare 
Indeed where the State ^^dU be oblio^ed to 
compel an acceptance of its munificent 
bounty, in providing the means of educa- 
tion for all the children and youth in the i 



State. But should ignorance or cupidity 
desire to withhold from any child the advan- 
tages secured by this liberal provision on the 
part of the State, the law should provide the 
means whereby such cruel neglect on tlie 
part of ^wy parent or guardian could be pre- 
vented. 

One of the maxims of the law, as rigidly 
enforced as almost any other, is that ' 'ignor- 
ance of the law furnishes no excuse' ' for its 
violation. Ample provision is made by the 
State for the publication of the lav,^s, by 
whicli the people are to regulate their con- 
duct. But of what avail are'sueh provisions, 
unless the people are able to read? As well 
might the enactments of the General Assem- 
bly be fastened upon lofty pillars , too high 
to be seen, like the edicts of an ancient 
tyrant, or published in an unknown language, 
as to be printed and circulated where the 
advantages of education had never been en- 
joyed. If, then, the State would insure the 
success of her efforts to make every one 
acquainted \\\t\\ the laws of the land, she 
should furnish to every citizen an education 
which will enable him at least to read the 
Constitution and laws under which he lives. 

We trust the day is not far distant when 
the curse of civil strife will be removed; 
when those who have so gallantly fought the 
battles of freedom will be able to' • 'beat their 
swords into ploughshares, and their spears 
into pruning hooks," and return in peace 
and security to their own firesides. 

Among the earliest indications of return- 
ing prosperity let them see the school house 
established in every neighborhood, and the 
blessings of education provided for their 
children, as a i^ledge of a grateful common- 
wealth that the free institutions so nobly 
defended by the fathers shall be secured to 
their descendants. 

We have thus endeavored to set forth, in 
general terms, some of tlie principles of the 
system of popular education, which is em- 
bodied in the article herewith submitted. 
We ask from the ('onvention a favorable 
consideration of the merits of tlie plan pro- 
posed, believiuo-, as we do, that the action 
of this Convention upon the subject of pub- 
lic schools, will have much to do in encour- 
aging desirable emigration to our State. 

A careful and thrifty husbandry may pour 
into the marts of commerce, aiid into the 
granaries of every inhabitant of the State, 
abundant productions of our exuberant soil; 
capital and skill may secure, for our rich 
and exhaustless mines, returns of untold 
wealth; but, after all, the security of free 
institutions, and the honor and glory of a 
free commonwealth, will be found only in an 
intelligent and virtuous people. 

Geo. p. Strong, Ch'n. Eugexe Williams, 
d. bonham, e. a. holcomb, 

Jer. Williams, B. F. Hughes, 

E. G. Evans, Sam'l A. Gilbert, 

Philip J. Rohrer, Geo. K. Budd, 
David Henderson. Committee. 

St. LoUis, March 29, 1S65. 



199 



The following is the Article accompanying 
said report : 

ARTICLE — . 

Education . 

Section 1. A general diffusion of knowl- 
edge and intelligence being essential to the 
preservation of the rights and liberties of the 
people , the General Assembly shall establish 
and maintain free schools, for the gratuitous 
instruction of all persons in this State, 
between the ages of live and eighteen years. 

Sec. 2 . Separate schools may^be established 
for children of African descent. All funds 
provided for the support of public schools 
shall be appropriated in just proportion to 
the number of children attending the public 
schools, and the average time of such attend- 
ance, without regard to color. 

Sec. 3. The supervision of public instruc- 
tion shall be vested in a Board of Education, 
whose powers and duties shall be prescribed 
by law; a Superintendent of Public Schools, 
who shall be the president of the board, shall 
be elected by the qualified voters of the 
State ; he shall possess the qualifications of a 
State Senator, and hold his office for the term 
of four years ; he shall perform such duties 
and receive such compensation as may be 
prescribed by law. The Secretary of State 
and Attorney General shall be ex-officio 
members, and, with the superintendent, 
compose said board of education. 

Sec. 4. The General Assembly shall also, 
estabhsh and maintain a State University," 
with departments for iusti'uction in teaching, 
in agriculture, and in natural science, as soon 
as the pubhc school fund will permit. 

Sec. 5. The proceeds of all lands that 
have been, or hereafter may be, granted b}^ 
the United States to this State, and not 
otherwise appropriated by the United States ; 
also, all moneys, stocks, bonds, lands, and 
other property, now belonging to any fund 
for purposes of education; also, the net pro- 
ceeds of all sales of lands, and other property 
and effects, that maj^ accrue to the State by 
escheat, or from sales of estrays, or from 
unclaimed dividends, or distributive shares 
of the estates of deceased persons, or from 
fines, penalties and forfeitures; also, any 
proceeds of the sales of the public lands, 
wdiich may have been, or hereafter may be, 
paid over to this State (if Congress will 
consent to such appropriation); also, all 
other grants, gifts, or devises, that have 
been, or hereafter may be, made to this 
State, and not otherwise appropriated by the 
terras of the grant, gift, or devise, shall be 
securely invested and sacredly preserved as a 
public school fund, the annual income of 
which fund, together with so much of the 
ordinary revenue of the State as may be 
necessary, -ihall be faithfully appropriated 
for establishing and maiutaining the free 
schools and the university in this article 
provided for, and for no other uses or pur- 
poses wliatsoever. 

Sec. G. No part of the i)ublic school fund 
shall ever be invested in the stock or bonds. 



or other obligations of any State, or of any 
county, city, town, or corporation. The 
stock of the Bank of the State of Missouri, 
now held for school purposes, and all other 
stocks belonging to any school or university 
fund, shall be sold in such manner and at 
such time as the General Assembly shall 
prescribe; and the proceeds thereof, also, 
the proceeds of the sales of any lands or other 
property, which may now, or hereafter, 
belong to said school fund, may be invested 
in the bonds of the United States, bearing 
not less than six per centum interest per 
annum; and may also be loaned upon good 
and sufficient unincumbered real estate 
security . 

Sec. 7. No township or school district 
shall receive anj^ portion of the public school 
fund, unless a free school shall have been 
kept therein for not less than four months 
during the year for which distribution thereof 
is made. The General Assembly shall have 
power to require, by law, that every child, 
of sufficient mental and phj-^sical ability, 
shall attend the public schools during the 
period between the ag;es of five and eighteen 
years, for a term equivalent to six months, 
(unless educated by other means.) 

Sec. 8. The General Assembly shall, as 
far as it can be done without infringing upon 
vested rights, reduce all lands, moneys, and 
other property, used or held for school 
purposes, in the various counties of this 
State, into the public school fund herein 
provided for; and iu making distribution of 
the annual income of said fund, shall take 
into consideration the amount of any county 
or city funds, appropriated for common 
school purposes, and make such distribution 
as will equalize the amount appropiiated for 
common schools throughout the State. 

On motion of Mr. Williams of Caldwell, 
the report was received, and two thousand 
copies thereof ordered to be printed in 
pamphlet form for the use of the members, 
and, also, the usual number of the accom- 
panying Article. 

By request of Mr. Husmann, he w^as 
excused for being absent yesterday, on 
account of special business. 

On request of Mr. Switzler. he was 
excused for being absent yesterday after- 
noon, on account of sickness. 

The article on the Eight of Suftrage was 
taken up. 

Mr. Bush oftered the following amend- 
ment: 

Amend section three, by striking out iu 
third line the words ' 'has ever, ' ' aiid insert 
in lieu thereof tlie words "since the 17th 
day of December, 18(>1, has. ' " 

Mr. Drake moved to lay the amendment 
of Mr. Bush on the table, and demanded 



200 



the ayes and noes thereon, and the vote 
being taken , stood as follows : 

Ayes — Messrs. Adams, Barr, Bonham, 
Budd, Bunce, Childress, Clover, Davis of 
Nodaway, Dodson, Drake, Ellis, Evans, 
Filley, Folmshee, Fulkerson, Gamble, Gil- 
bert ' of Lawrence , Henderson, Holcomb, 
Holland. Hume, King, Leonard, McKernan, 
McPherson, Rankin, St. Gem, Smith of 
Mercer, Smith of Worth. Strong, Sutton, 
Swearingen, Williams of Caldwell, and Wil- 
liams of Scotland — 34. 

Noes— Messrs. Budford, Bush, D'Oench, 
Esther, Gilbert of Piatt, Husmann, Linton, 
Meyer, Rohrer, Switzler, and Mr. Presi- 
dent — 11 . 

Absent with Leave — Messrs. Fletcher, 
Foster, Holdsworth, Hughes, Martin, New- 
gent, Nixdorf, and Thilenius— 8. 

Absent without Leave— Messrs. Da>.ds 
of New Madrid, Gil strap, Grammer, Green, 
Morton, Owens, and Weatherbj^ — 7. 

Sick — Messrs. Cowden, Mack, Mitchell, 
and Peck — 4. 

So the amendment was laid on the table. 

Mr. Strong offered the following: 

Every person who shall not have become 
a qualified voter in this State, prior to the 
first day of January, one thousand eight 
hundred and seventy, shall, in addition to 
the other qualifications required, be able to 
read and write, before he shall be deemed a 
qualified voter. 

Mr. Bush offered the following amendment 
thereto, which was accepted by Mr. Strong: 

Amend the amendment by adding thereto 
the following words : ' 'Excepting only those 
who are prevented, by a phj'sical disability, 
from complying with 'this requisition. ' ' 

Mr. Drake offered the following substi- 
tute for Mr. Strong's amendment: 

After the first day of January, one thou- 
sand eight hundred and seventy-six, every 
person who was not a qualified voter prior to 
that time, shall, in addition to the other 
qualifications required, be able to read and 
write, in order to become a qualified voter; 
unless his inability to read or write shall be 
the result of a physical disability. 

Mr. Strong accepted the amendment pro- 
posed by ]VIi-. Drake. 

Mr. Gilbert of Platte asked leave of ab- 
sence for Mr. Morton for ten days, which 
was granted . 

On motion of Mr. Bonham. the Conven- 
tion adjourned until half-past 2 o 'clock P.M. 



AFTERNOON SESSION. 

The Convention met pursuant to adjourn- 
ment, the President in the chair. 
The new section, as offered by Mr Strong, 



as amended by Mr . Drake and accepted by 
Mr. Strong, was called up. 

Mr. Williams of Caldwell moved to lay 
the proposition on the table. 

Mr. Drake moved a call of the house, 
which was sustained, and on calling the roll 
the following members responded to their 
names : 

Messrs. Adams, Bonham, Budd, Bunn, 
Childress, Clover, Davis of Nodaway, Dod- 
son, D'Oench, Drake, Esther, Evans,' Folms- 
bee, Fulkerson. Gamble, Gilbert of Law- 
rence, Gilbert of Platte, Green, Henderson, 
Holcomb, Holland, Hume, Husmann, King, 
Leonai'd, Linton, McKernan, McPherson, 
Smith of Mercer, Smith of Worth, Strong, 
Sutton, Swearingen, Williams of Caldwell, 
Williams of Scotland, and Mr. President 
—37. 

Absent with Leave— Messrs. Fletcher, 
Foster, Holdsworth, Hughes, Martin, Mor- 
ton, Newgent, St. Gem, and Thilenius— 9. 

Absent without Leave — Messrs. Barr, 
Bedford, Bush. Davis of New Madrid, Ellis, 
Filley, Gilstrap, Grammer, Meyer, Nixdorf, 
Owens, Rankin, and Weatherby — 13. 

Sick— Messrs. Cowden, Mack, Mitchell, 
Peck, and Switzler — 5. 

On motion of Mr. Davis of Nodaway 
further proceedings under the call were dis- 
pensed with. 

The question then being on the motion of 
Mr. Williams of Caldwell, to lay the new 
section offered hy Mr. Strong, and amended 
by Mr. Drake, on the table, Mr. Drake 
demanded the ayes and noes thereon, and 
the vote being taken stood as follows : 

Ayes — Messrs. Adams, Bonham, Bunce, 
Childress, Davis of Nodaw^ay, Dodson, 
Esther, Fulkerson, Gilbert of Lawrence, 
Green, Holcomb, Hume, Leonard, Sutton, 
Swearingen, and Williams of Caldwell — 16. 

Noes— -Messrs. Budd, Clover, D'Oench, 
Drake, Evans, Folmsbee, Gamble, Gilbert 
of Platte, Henderson, Holland, Husmann, 
King, Linton, McKernan, McPherson, Ran- 
kin, Rohi'er, Smith of Mercer, Smith of 
Worth, Strong, Williams of Scotland, and 
Mr. President— 22. 

Absent with Leave-— Messrs . Fletcher, 
Foster, Holdsworth. Hughes, Martin, Mor- 
ton, Newgent, St. Gem, and Tliilenius — 9. 

Absent without Leave — Messrs. Barr, 
Bedford, Bush, Davis of New Madrid, Ellis, 
Filley, Gilstrap, Grammer, Meyer, Nixdorf, 
Oweiis, Switzler, and Weatherby — 13. 

Sick— Messrs. Cowden, Mack, MitcheU, 
and Peck— 4. 

So the motion to lay on the table was 
rejected. 

Mr. Drake moved a call of the house, 
which was sustained. The call being made, 



201 



the following- uieinbers responded to their 
names : 

Messrs. Adams, Barr, Bonham, Budd, 
Bmice, Childress, Clover, Davis of Noda- 
way, Dodson, D'Oench, Drake, Esther, 
Evans, Folmsbee, Fulkerson, Gamble, Gil- 
bert of Lawrence, Gilbert of Platte, Green, 
Henderson. Holcorab, Holland, Hnnie, Hus- 
mann. King, Leonard, Linton, McKernan, 
McPherson, Meyer, Rankin, Rohrer, Smith 
of Mercer, Smith of Worth, Strong, Sutton, 
Swearingen, Williams of Caldwell, and Mr. 
President— 39. 

Absent with Leave — Messrs. Fletcher, 
Foster, Holdsworth, Hughes, Martin, Mor- 
ton, Newgent, and Thilenius— 8. 

Absent without Lkave -Messrs." Bed- 
ford, Bush, Davis of New Madrid, Ellis, 
Filley. Gilstrap, Grammer, Mxdorf, Owens, 
St. Gem, Weatherby, and Williams of Scot- 
land— 12. 

Sick — Messrs. Cowden, Mack, Mitchell, 
Peck, and Switzler — 5. 

Mr. Bush reported himself under arrest; 
stated he thought the debate was still going 
on, was the reason he was delayed. On mo- 
tion of Mr. Clover, he was excused. 

Mr. St. Gem reported himself under arrest, 
and stated that he had been detained by his 
military office. On motion of Mr. Folms- 
bee, he was excused. 

On motion, further proceedings under the 
call were dispensed with. 

The pending amendment, offered by Mr. 
Drake, to the article on Rights of Suffrage, 
was taken up. 

Mr. Bare offered the following amend- 
ment to the amendment: 

Amend by striking out "one thousand 
eight hundred and seventy-six," and insert 
ing in lieu thereof • 'one thousand nine hun- 
dred;" and add, after the words "read and 
write," "the Hebrew language, and own 
two thousand dollars' worth of property in 
real estate. " 

On motion of Mr. King, the amendment 
to the amendment was laid on the table. 

Mr. Drake moved the previous question, 
which was sustained. 

The question being on the adoption of Mr. 
Drake's amendment, he demanded the ayes 
and noes, and the vole being taken, stood as 
follows: 

Ayes — Messrs. Budd, Bush, Clover, 
D'Oench, Drake, Evans, Folmsbee, Gam- 
ble, Gilbert of Phitte, Henderson, Holcomb, 
Holland, llusmann, Jviiig, [.inton, Melvei-- 
nan, McPherson, Mever', R,ohrer, Smith of 
Mercer, Smith of Worth, Strong, and Mr. 
President— 23. 

Noes— Messrs. Barr, Bonham, Childress, 
Davis of :Nodaway, Dodson, Esther, Fletcher, 



Fulkerson, Gilbert of Lawrence, Green, 
Hume, Leonard, St. Gem, Sutton, Swear- 
ingen, Williams of Caldwell, and Williams 
of Scotland— 17. 

Absent with Leave — Messrs. Foster, 
Holdsworth, Hughes, ]Martin, Morton, New- 
gent, and Thilenius — 7. 

Absent without Leave — JMessrs. Adams, 
Bedford, Bunce, Davis of New Madrid, Ellis, 
Filley, Gilstrap, Grammer, Nixdorf, Owens, 
Rankin, and Weatherby — 12. 

Sick— Messrs. Cowden, Mack, Mitchell, 
Peck , and Switzler — 5 . 

So the amendment was adopted. 

Mr. Bush offered the following amend" 
ment : 

Amend section eighteenth by inserting in 
first line, after the words "United States," 
the following: "and every male person of 
foreign birth, who may have declared his 
intention to become a citizen of the United 
States, according to law, at least six months 
before he offers to vote, who is. " 

Mr. Drake moved to lay the amendment 
on the table; and on this motion Mr. Bon- 
ham demanded the ayes and noes. The vote 
being taken, stood as follows: 

Ayes— Messrs. Budd, Bunce, Childress, 
Davis of Nodaway, Drake, Evans, Fulkerson, 
Gamble, Henderson, Hume, McKernan, 
McPherson, Rankin, Smith of Worth, 
Strong, Sutton, and Williams of Scot- 
land— 17. 

Noes — Messrs. Barr, Bonham, Bush, 
Clover, Dodson, D'Oench, Folmsbee, Gil- 
bert of Lawrence, Gilbert of Platte, Green, 
Holcomb, Holland. Husmann. King, Leon- 
ard, Linton, Meyer. Rohrer, St. Gem, 
Smith of Mercer, Swearingen, Switzler, 
Williams of Caldwell, and Mr. President— 24. 

Absp:nt with Leave — Messrs. Foster, 
Holdsworth, Hughes, Martin, Morton, 
Newgent, and Thilenius— 7. 

Absent without Leave — Messrs . Adnms , 
Bedford, Davis of New Mad rid, Ellis, Esther, 
Filley, Fletcher, Gilstrap, Grammer, Nixdorf, 
Ov/ens, and Weatherby — 12. 

Sick — Messrs. Cowden, Mack, INIitchell, 
and Peck — 4. 

So the motion to lay on the table was 
rtyected. 

Mr. Bush then modified his amendment by 
striking out the word "six," and inserting 
in lieu thereof the word "tAvelve. ' ' 

The question then being- on the amendment 
of Mr. Bush, as so modified, Mr. Bonham 
demanded the ayes and noes; and the vote 
being taken, stood as follows: 

Ayes — ^lessrs. Bonham, Budd, Busli, 
Clover, Davis of Nodnway, Dodson, D'Orneh, 
Drnke, Fulkerson. Cilbert ot' Lawrence, 
Cilbert of Plntte, Henderson, lloU-omb, 
Holland, llusmann. King, Leonard. Linton, 
Meyer, Rolu'er, St. Ciem, Swearingen, 



202 



Williams of Caldwell , and Mr. President — 24. 

Noes— Messrs. Bunce, Childress, Evans, 
Folmsbee, Gamble, Hmne, McPherson, 
Rankin, Smith of Mercer, Smith of Worth, 
Strong, Sutton, Switzler, and Williams of 
Scotland— 14. 

Absent with Leave — Messrs. Foster. 
Holds worth, Hughes, Martin, Morton, 
Newgent, and Thilenius — 7. 

Absent WITHOUT Leave— Messrs. Adams, 
Barr, Bedford, Davis of New Madrid, Ellis, 
Esther, Fdley, Fletcher, Gilstrap, Grammer, 
Green, McKernan, Nixdorf, Owens, and 
Weatherby — 15 . 

Sick — Messrs. Cowden, Mack, Mitchell, 
and Peck — 4. 

So the amendment was adopted . 

Mr. Drake offered the following amend- 
ment, which was adopted: 

Amend section eighteenth, line first, by 
inserting, after the word "years," the 
M^ords "who is." 

Mr. Folmsbee oflered the following 
amendment : 

Amend section ninth, in line sixth, by 
adding, after the word "marriages," the 
following: "or perform any other duties 
officially incumbent on them, as such. ' ' 

Mr. Davis of Nodaway moved the previous 
question, which was sustained. 

The question being on the adoption of Mr. 
Folmsbee's amendment, Mr. Smith of Worth 
demanded the ayes and noes thereon, and 
the vote being taken, stood as follows: 

Ayes — Messrs. Bonham, Childress^ Davis 
of Nodaway, Dodson, Evans, Folmsbee, 
Gilbert of Lawrence, Holcomb, Holland, 
Hume, Leonard, Rankin, St. Gem, Smith of 
Mercer, Smith of Worth, Strong. Williams 
of Caldwell, Williams of Scotland, and Mr. 
President — 19. 

Noes— Messrs. Barr, Budd, Bush. Clover, 
D'Oench, Drake, Fulkerson, Gamble, Gil- 
bert of Platte, Henderson, Husmann, King, 
Linton, McKernan, McPherson, Meyer, 
Pohrer, Sweariugen, and Switzler — 19. 

Absent with Leave — Messrs. Foster, 
Holds worth, Hughes, Martin, Morton, New- 
gent, and Thilenius — 7. 

Absent without Leave — Messrs, Adams, 
Bedford, Bunce, Davis of New Madrid, Ellis, 
Esther, Filley, Fletcher, Gilstrap, Gram- 
mer, Green, Nixdorf, Owens, Sutton, and 
Weatherby — 15. 

Sick — Cowden, Mack, Mitchell, Peck — 4. 

So the amendment was not adopted. 

Mr. Strong offered the following amend- 
ment to section eighteenth: 

Amend by striking- out the words "at 
least twelve months,"' and insert the words 
' 'not less than one year, nor more than five 
years . ' ' 

Mr. Gilbert of Lawrence moved the pre- 
vious question, which was sustained, 



The question then being on adopting 
Mr. Strong's amendment to section eigh- 
teen, Mr. Bonham demanded the ayes and 
noes, and the vote being taken stood as fol- 
lows : 

Ayes — Messrs. Barr, Budd, Bunce, Chil- 
dress, Drake, Folmsbee, Fulkerson, Gam- 
ble, Gilbert of Platte, Henderson, Holcomb, 
Hume, Leonard, McKernan, McPherson, 
Eankin, Smith of Mercer, Smith of Worth, 
Strong, Sutton, Swearingen, Switzler, Wil- 
liams of Caldwell, and Williams of Scotland 
—24. 

Noes — Messrs. Bonham, Bush, Clover, 
Davis of Nodaway, Doclson, D'Oench, 
Evans, Gilbert of Lawrence, Holland, Hus- 
mann, King, Linton, Meyer, Rohrer, St. 
Gem, and Mr. President — 16. 

Absent with Leave — Messrs. Foster, 
Holdsworth. Hughes, Martin, Morton, New^- 
gent, and Thilenius — 7. 

Absent without Leave — Adams, Bed- 
ford, Davis of New Madrid, Ellis, Esther, 
Filley, Fletcher, Gilstrap, Grammer, Green, 
Nixdorf, Owens and Weatherb.y — 13. 

Sick— Messrs. Cowden, Mack, Mitchell, 
and Peck — 4. 

So the amendment was adopted. 

Mr. Gilbert of Platte offered the follow- 
ing amendment : 

Amend section five by strikino^ out all after 
the word ' 'voter' ' in the fifth line. 

Mr. Drake moved to lay the amendment 
on the table . 

On this motion Mr. Gilbert of Platte 
demanded the ayes and noes, and the vote 
being taken, stood as follows: 

Ayes — Messrs. Barr, Bonham, Budd, 
Bunce, Childress, Clover, Davis of Noda- 
way, Dodson, Drake, Folmsbee, Fulkerson, 
Gilbert of Lawrence, Henderson, Holland, 
Hume, King, Leonard, McKernan, McPher- 
son, Rankin, St. Gem, Smith of Mercer, 
Smith of Worth, Strong, Sutton, Swearin- 
gen, and Williams of Caldwell — 27. 

Noes — Messrs. Bush, Gamble, Gilbert of 
Platte, Holcomb, Husmann, Linton, Rohrer, 
Williams of Scotland, and Mr. President — 9. 

Absent with Leave — Messrs. Foster, 
Holdsworth, Hughes, Martin, Morton, New- 
gent, and Thilenius — 7. 

Absent without Leave — ^INIessrs. Adams, 
Budford, Davis of New Madrid. D'Oench, 
Ellis, Esther, Evans, Filley, Fletcher, Gil- 
strap, Grammer, Green, Meyer, Nixdorf. 
Owens, Switzler, and Thiler.eus — 17. 

Sick— Messrs. Cowden, Mack, Mitchell, 
and Peck — 4. 

So the amendment was laid on the table. 

Mr. Bonham moved that the article on 
Right of Suffrage be engrossed for a third 
reading, and on that motion demanded the 
previous question, which was sustained. 

The question then being on the motion to 



203 



engross the article on tlie Eight of Sufltrage, 
Mr. BoNHAM demanded the ayes and noes 
thereon, and the vote being talcen, stood as 
follows : 

Ayes — Messrs. Barr, Bonham, Budd, 
Bimce, Bush, Childress, Clover, Davis ot 
Nodaway, Dodson, Drake, Evans, Folms- 
bee, Fiiikerson, Gamble, Gilbert of Law- 
rence, Henderson. Hume, Husmann, King, 
Leonard, McKernan, McPherson, Rankin, 
Smith of Worth, Strong, Sutton, Swearin- 
gen, VvlUiams of Caldwell, and Mr. Presi- 
dent— 29. 

Noes — Messrs. Gilbert of Platte. Holcomb, 
Holland, Linton, Rohrer, St. Gem, Smith 
of Mercer, and Williams of Scotland — 8. 

Absent with Leave — Messrs. Foster, 
Iloldsworth, Hughes, Martin, Morton, New- 
gent, and Thilenius — 7. 

Absent without Leave— Messrs. Adams, 



Bedford, Davis of New Madrid, D'Oench, 
Ellis, Esther, Filley, Fletcher, Gilstrap, 
Grammer, Green, Meyer, Nixdorf, Owens, 
Switzler, and Weatherbj^ — 16. 

Sick — Messrs. Cowden, Mack, Mitchell, 
and Peck — 4. 

So the motion was adopted, and the article 
ordered to be engrossed. 

Mr. King offered the following proposi- 
tion : 

Amend section four of rule forty-four, by 
striking out the words ' 'elected to the Con- 
vention," and insert in lieu thereof the 
word "present." 

Which was read and laid over under the 
rule . 

On motion of Mr. Davis of Nodaway , the 
Convention adjourned until 9 o ' clock to-mor- 
row morninof. 



SIXTY-NINTH DA.Y. 



Convention met pursuant to, adjournment, 
the President in the chair . 

The proposition of Mr. King, to amend 
section four, of the fortj^'-fourth standing 
rule, was called up. 

Mr. Smith of Worth offered the following 
resolution : 

Resolved^ That the title of the proposed 
amendment to the Constitution shall be: 
"'King's' Constitution of 'Drake,'" 
that it be bound in morocco or "Duck." 
"Owen" to "Holcomb" and "Hughes" 
neglect it has become w^ak, hollow and 
faint; therefore it should be "Bush"-ed 
by " Lint-on, " and run through the 
' 'Barr's, ' ' in order that it may graze upon 
the ' ' Green ' ' ' 'Budd ' s " of ' ^ Clover , ' ' 
until it has become ' ' Strono-. ' ' Thus • 'Fos- 
ter' '-ed with sweet ' 'Williams' ' and decor- 
ated with "St. Gems," "Gilstrap," and 
' 'Husmann' ' and ' 'Switzler, ' ' can not sink 
it into the ' 'Meyer, ' ' while it is "KrekeP ' - 
ing about, "Harris" -ing the people. Al- 
thouijh neglected by "Gilbert" and all 
"Holland," this "New-gent" is perfectly 
safe in the hands of ' ' Bonham ' ' and 
"Mack," let the " V\^eather-by" what it 
may. As ''Gamble "-ing is the game to 
pass bills through this body, let the ' vUohr- 
er" loose, and all hands pitch in, without 
"Swearing-en" be governed by the rules 
laid in the\lown of "Drake's" manual. 

The President ruled the proposition of 
Mr. Smith as out of order. 

Mr. Dkake moved the previous question, 
wliich was sustained. 



THURSDAY, March 30th, 1865. 

The question then being on the adoption 
of Mr. King's proposition to amend section 
four of the forty-fourth standing rule, Mr. 
Drake demanded the ayes and noes, and the 
vote being taken, stood as follows : 

Ayes — Messrs. Adams, Barr, Bonham, 
Budd, Bunce, Childress, Clover, Davis of 
Nodaway, Dodson, Drake, Esther, Filley, 
Folmsbee, Fulkerson, Gamble, Gilbert of 
Lawrence, Henderson, Hume, King, Leon- 
ard, McKernan, McPherson, Mack, Rankin, 
Smith of Mercer, Strong, Sutton, Swearin- 
gQ:n, and Weatherby — 29. 

Noes — Messrs. Bedford, Bush, D'Oench, 
Ellis, Evans, Gilbert of Platte, Gilstrap, 
Green, Holcomb, Holland, Husmann, Lin- 
ton, Meyer, Rohrei-, St. Gem, Smith of 
Worth, Switzler, Williams of Caldwell, and 
Mr . President— 19 . 

Absent with Leave — Messrs. Fletcher, 
Foster, Holdsworth, Hughes, Martin, Mor- 
ton, Newgent. and Thilenius — 8. 

Absent without Leave — Messrs. Davis 
of New Madrid, Grammer, Nixdorf, Owens, 
and Williams of Scotland— 5. 

Sick — Messrs. Cowden, Mitchell, and 
Peck— 3. 

So the proposition of Mr. King was 
adopted. 

Mr. HusiAiANN asked leave of absence for 
ten days. 

Objections being made to giving such 
leave, Mr. Bonham demanded the ayes and 
noes thereon, and the vote being taken, 
stood as follows : 



204 



Ayes — Messrs. Adams, Barr, Bedford, 
Budd. Bunce, Bush. Cliildress, Clover. Da- 
vis of Xodawav. Dodson, D'Oeuch. Drake, 
Eilis. Esther. "Fillev, Fiilkerson. Gamble, 
Gilbert of Lawrence, Gilbert of Platte. Gil- 
sti-ap, Green, Henderson. Holcomb. Holland, 
Hume. King', Leonard, Linton, McPherson. 
Mack. Meyer, Rankin, Rohrer. St. Gem, 
Smith of Mercer. Smith of "^Vorth. Sutton. 
Swearingen. Switzler. Weatherbv, Williams 
of Caldwell, and Mr. Presideut-^2 . 

XoES— Messrs. Bonham, Evans, and 
Strono-_3. 

Absext with Leave— Messrs . Fletcher. 
Foster. Holds worth, Hug-hes, Martin, Mor- 
ton. Newg-ent, and Thilenius— 8. 

Absent' WITHOUT Leave — Messrs. Davis 
of Xew 3Ladrid, Folmsbee. Grammer. Mc- 
Kernan, Xixdorf, Owens, and Williams of 
Scotland — 7 

Sick — Messrs. Cowden, Mitchell, and 
Peck— 3. 

Excused from YotixCt — Mr, Husmann— 1. 

So leave of absence was granted Mr. Hus- 
mann, as asked for. 

On request of Mr. D'Oexch, leave of 
absence was gTanted him for this afternoon. 

On request of Mr. Etaxs, leave of ab- 
sence was granted him for ten days from to- 
morrow. 

On motion of Mr. Budd. the pending arti- 
cle on State Indebtedness was taken up . 

Mr. Gilstrap called up the substitute 
offered by him for said article. 

On motion of Mr. Drake, the Convention 
adjourned until half -past 2 o'clock P.M. 



AFTERNOON SESSION. 

Convention met pursuant to adjournment, 
the President in the chair. 

By request of Mr. Willia^is of Caldwell, 
Messrs. Barr and Ellis w^ere granted leave of 
absence for this afternoon, on account of 
ti'ansacting business \sTth the Committee on 
Militia. 

Mr. Drake offered the foUoT^ing as the 
ordaining clause of the Constitution, which 
was read the first and second time: 

We. the people of the State of IMissouri, 
o'ratefiil to Almighty God. the Sovereign 
Ruler of nations, for 'our State Government, 
our liberties, and our connection with the 
American L"^inon. and acknowledging our 
dependence upon Him for the continuaiice of 
those blessings to us and our posterity, do, 
for the more certain security thereof, and for 
the better o-overnment of this State, ordain 
and establish this revised and amended 
Constitution. 

Mr. Drake moved a suspension of the 
rules governing the Convention, and that the 



proposition be considered engrossed, be read 
a third time, and put on its final passage; 
which was agreed to . 

The proposition was then read a third time 
and adopted, and referred to the Revising 
Committee. 

On motion of Mr. Budd, the article on 
State Indebtedness, with the substitute 
offered therefor by Mr. Gilstrap. was taken 
up. 

Mr. Drake moved that the ten-minute 
rule be suspended for the benefit of Mr. Bush . 

Mr. LiXTOx moved the entire suspension 
of the ten-minute rule governing this 
Convention . 

Mr. Williams of Caldwell moved to amend 
the motion of Mr. Linton by suspending the 
ten-minute rule during the consideration of 
the pending question. 

After debate, the motion of Mr. Drake, 
with the pending motion of Mr. Linton, and 
the amendment thereto by Mr. Williams of 
Caldwell , were withdrawn . 

Mr. Krekel moved to strike out the third 
section of the substitute; and after debate, 
withdrew his motion. 

Mr. HoLLAXD moved to refer the article on 
Finance, together with the substitute of Mr. 
Gilstrap, back to the Committee on Finance, 
with instruction to report, bj^ ordinance or 
otherT^ise, on the subject of State indebt- 
edness. 

Mr. Williams of Caldwell moved as a 
substitute, that the report of the Finance 
Committee, together with the substitute, be 
referred to a committee of nine, composed of 
one from each congressional district. 

After debate, Mr. Williams of Caldwell 
mthdi-ew his motion . 

Mr. Bush asked leave of absence for him- 
self for two days, which w^as granted. 

Mr. Budd asked leave of absence for to- 
morrow, which was granted. 

The motion of Mr. Holland, to refer the 
report of State indebtedness, with the sub- 
stitute therefor, back to the Committee on 
Finance, was adopted. 

On motion of Mr. Davis of Nodaway, 
Mr. Gilstrap was added to the Committee on 
Finance . 

Mr. Gilbert of Platte asked leave of ab- 
sence for one week, vrhich was granted. 

On motion of Mr. St. Gem, the Conven- 
tion adjourned until 9 o'clock to-morrow 
mornino:. 



205 



SEVENTIETH I3A_Y. 



FRIDAY, March 31st, 1865. 



Coiivention met pursuant to adjournment, 
the President in the cliair. 

Mr. BoxHAM offered the following resolu- 
tion, which was adopted: 

Resolved, That two copies of the Constitu- 
tion shall be enrolled, and when the Consti- 
tution shall have been tinaily adopted by the 
CouTenlion, each of said copies shall be 
authenticated by the signatures of the Presi- 
dent, the Secretaries, and the members 
present, in the follo\\ing order, to-wit: 1st, 
the President; 2d, the Vice President; 3d, 
the members, in alphabetical order; and 4th, 
the attestation of the Secretary and Assistant 
Sec]"etary; and each member sh.all write, 
opposite his name, that of the county ot his 
residence; and when the said copies are so 
authenticated, the Secretary shall immedi- 
ately deposit one in the otfice of the Secre- 
tary of State, and the other in the office of 
tlie clerk of the Supreme Court, in the city of 
St. Louis, taking receipts therefor. 

Mr. Drake, Chairman of the Revising 
Committee, submitted the following report: 

Mr. President: The Revising Commit- 
tee, to whom was referred the ordaining 
clause of the Constitution, beg leave to 
report the same back without amendment. 
C. D. DRAKE, Chairman. 

Mr. Drake moved that the article denom- 
inated the ordaining ordinance, be enrolled 
as part of the Constitution. 

Mr. Williams of Scotland made the fol- 
lowing motion: 

Strike out the words "Almighty Cod," 
wherever they occur in the Constitution, and 
insert the words • 'German citizens. ' ' 

Which was declared out of order. 

Mr. BuNCE demanded the previous ques- 
tion, which was sustained by the Conven- 
tion. 

The question being on the adoption of the 
oi'daining clause, the ayes and noes were de- 
manded by Mr. Switzler; and the vote 
being taken, stood as follows: 

Ayes — Messrs. Adams, Barr Bonham, 
Bunce, Childress, Clover, Davis of Noda- 
way, Dodson. Drake, Estlier, Evans, Folms- 
bee, Fulkerson. Gamble, Henderson, llol 
cx)mb, Holland, lluine, King, Leonard 
McKenian. McPherson, Mack, Rankin 
Smith of Mercer, Smith of Worth, Sti-ong 
button, Swearingen, Switzler, VV^eatherby, 
Williams of Caldwell, and Williams of Scot- 
land— 33. 



Noes — Messrs. Bedfoi-d, D'Oench, Hus- 
mann, Linton, Meyer, Rohrer, St. Gem, and 
Mr. President— 8. 

Absent with Leave — Messrs. Budd, 
Bush, Foster, Gilbert of Platte, Holdsworth, 
Hughes, Martin, Morton, Newgent, and 
Thilenius— 10. 

Absent without Leave — Messrs. Da\is 
of ]New Madrid, Ellis, Filiey, Fletcher, Gil- 
strap, Grammer, Green, Nixdorf, and 
Owen,? — 9. 

Sick — Messrs. Cowden, Mitchell, and 
Peck— 3. 

Excused — Mr. Gilbert of Lawrence — 1. 

So the article was adopted, and, under the 
rule , ordered to be referred to the Eni-olling 
Committee. 

On request of Mr. St. Gem, leave of ab- 
sence was granted him for one week. 

Mr. Drake offered the following article on 
Miscellaneous Provisions, which was read 
the first and second time, and, on his motion, 
referred to the Committee on Miscellaneous 
Provisions : 

article — . 
Miscellaneous Provisions . 

Section 1. The General Assembly of the 
State shall never intej-fere with the "primary 
disposal of the soil by the United States, 
nor with any regulation which Congress 
may fxud necessary for seciirino- the title in 
such soil to the bona fide x)urcliasers . No 
tax shall be imposed on lands the property' 
of the L'^nited States; nor shall lands belong- 
ing to persons residing out of the limits of 
this State ever be taxecl at a higher rate than 
the lands belonging to persons residing 
within the State. 

Sec. 2. The State shall have concurrent 
jurisdiction on the river Mississippi, and on 
every other river bordering on the said State, 
so i'Av as the said river shall form a conunon 
boundary to this State and any other State 
Vvdiich may be bounded thereby; and the 
said river Mississippi, and the navigable 
rivers and wat(u-s leading into tlie same, 
whether bordering on or' within this State, 
shall be coinmon highways, and foi-ever free 
to the citizens of this State, and of the Fnited 
States, without any tax, duty, import, or 
toll therefor, imposed by the State. 

Sec. 3. All statute laws of this State, now 
in force, not inconsistent with tliis Constim- 
tion. shall continue in force until they sh.all 
expire by th(>ir own limitation, ovhv an'iended 
or re]>ealed by the (general AssiMubly: and 
all writs, prosecutions, actions, and causes 
of action, except as herein otherwise ]iro- 
vided, shall continue; anil all indielmenis 



206 



which shall have been found, or may here- 
after he found, for any crime or offense, 
committed before this Constitution takes 
effect, may be proceeded upon as if no 
change had taken place, except as hereinaf- 
ter specified. 

Sec. 4. No person shall be prosecuted in 
any civil action or criminal proceeding for, 
or on account of, any act by him done, per- 
formed, or executecl, after the tirst day of 
Januarj^, one thousand eight hundred and 
sixty-one. by virtue of military authority, 
vested in him by the government of the 
United States, or that of this State, to do 
such act, or in iDursuance of orders received 
bj'^ him from any person vested with such 
authority; and if any action, or proceeding, 
should have heretofore been, or shall hereafter 
be, instituted against any person for the 
doing of any such act, the defendant may 
plead this section in bar thereof. 

Sec. 5. ISTo person, who shall hereafter 
fight a duel, or assist in the same as a second, 
or send, accept, or knowingly carry, a 
challenge therefor, or agree to go out of this 
State to fight a duel, shall hold anv office in 
this State. 

Sec. 6. ISTo money shall be drawn from the 
treasury but in consequence of appropriations 
made by law; and an account of the receipts 
and expenditures of the public money shall 
be annually published. 

Sec. 7. No person holding an office ot 
profit under the United States, shall, during 
his continuance in suchothce, hold any office 
of profit under this State. 

Sec. S. In the absence of any contrary 
provision, all officers, now or hereafter 
elected or appointed, shall hold office during 
their official term , and until their successors 
shall be duly elected or apx)ointed, and 
quaified. 

Mr. Linton offered the following resolu- 
tion : 

Resolved^ That we, the people of the State 
of Missouri, are grateful to Almightj'^ God, 
the Sovereign Kuler of nations, for our State 
government, our liberties, and our connec- 
tion with the American Union , and acknowl- 
edge our dependence upon Him for the 
continuance of those blessings to us and our 
posterity . 

Mr. Smith of Mercer moved the j)revious 
question, which was sustained. 

Mr. Drake moved to postpone the resolu- 
tion indefinitely, and demanded the ayes and 
noes thereon; and the vote being taken, 
stood as follows : 

Ayes — Messrs. Barr, Bonham, Bunce, 
Childress, Davis of Nodaway, Dodson, 
Drake, Esther, Evans, Folmsbee, Fulker- 
son, Gilbert of Lawrence, Henderson, 
Holland, Hume, Leonard, McPherson, 
Mack, Rankin, Smith of Mercer, Smith of 
Worth, Strong, Sutton, Swearingen, and 
Williams of Scotland— 25. 



Noes — Messrs. Adams, Clover, D'Oench, 
Gamble, Gilstrap, Holcomb, Husmann, 
King, Linton, McKernan, Meyer, Rohrer, 
St. Gem, Switzler, Weatherby, and Mr. 
President— 16. 

Absent with Leave — Messrs. Budd. 
Bush, Foster, Gilbert of Platte, Holdsworth, 
Hughes, Martin, Morton, Newgent, and 
Thflenius— 10. 

Absent without IjExVVE — Messrs. Bed- 
ford, Davis of New Madrid, Ellis, Filley, 
Fletcher. Grammer, Green, Nixdorf, Owens, 
and Williams of Caldwell— 10. 

Sick— Messrs. Cowden, Mitchell, and 
Peck— 3. 

So the resolution was indefinitely post- 
poned. 

On motion of Mr. Davis of Nodaway, the 
article on Education was taken np. 

On request of Mr. Meyer, Chairman of 
the Committee on Accounts , he was allowed 
to procure the printing of one hundred and 
fifty blank warrants , so as to enable him to 
make his final settlement with the members, 
officers, etc. , of this Convention. 

Mr. Childress offered the follo\^ing 
amendment to the article on Education, 
which was adopted: 

Strike out the word "eighteen,''' in fifth 
line of first section, and insert in lieu thereof 
the words ' 'twenty-one. ' ' 

Mr. Smith of Mercer offered the following 
amendment: 

Amend the second section by striking out, 
in the first line, the word ''may," and in- 
sert in lieu thereof the word ' "sliaU. ' ' 

Mr. Clover demanded the previous ques- 
tion, which was sustained. 

The question then being on adopting the 
amendment of Mr. Smith of Mercer, Mr. 
St. Gem demanded the ayes and noes thereon, 
and the vote being taken, stood as follows: 

Ayes — Messrs. Dodson, Gamble, Gilstrap, 
Rohrer, Smith of Mercer, Swearingen, Switz- 
ler, and Williams of Scotland— 8.^ 

Noes — Messrs. Adams, Bedford, Bon- 
ham, Childress, Clover, Davis of Nodaway, 
D'Oench, Drake, Esther, Evans, Folmsbee, 
Fulkerson, Gilbert of Lawrence, Henderson, 
Holcomb, Holland, Hume, Husmann, King, 
Leonard, Linton, McKernan, McPherson, 
Mack, Meyer, Rankin, St. Gem, Smith of 
Worth, Strong, Sutton, Weatherby, and 
Williams of Caldwell— 32, 

Absent with Leave — Messrs. Budd, 
Bush, Foster, Gilbert of Platte, Holdsworth, 
Hughes, Martin, Morton, Newgent, and 
Thilenius— 10. 

Absent without Leave — Messrs. Barr, 
Bunce, Davis of New Madrid, Ellis, Filley, 



207 



Fletcher, Grammer, Green, Nixdorf, Owens, 
and Mr. President — 11. 

8iCK — Messrs. Cowden, Mitchell, and 
Peck— 3. 

So the amendment was rejected. 

Mr. SwiTZLEK offered the following as a 
new section : 

Sec. — . All moneys, including iDrincipal 
and interest, arising from the sales, which 
have been or hereafter may be made, of any 
land granted by the United States to this 
State for the use of a seminary of learning, 
and the proceeds of such land remaining un- 
sold, and all donations which niixy hereafter 
be made for that purpose, shall be and 
remain legally inviolate, and be appropriated 
to the seminary of learning (established for 
the promotion of literature and the ai-ts and 
sciences, by an act of the General Assembly 
of this State, approved February 11, 1839)\ 
by the name of "The Curators of the Uni- 
versity of the State of Missouri, ' ' said semi- 
nary being permanently located in the town 
of Columbia, and county of Boone. 

On motion of Mr. Gilbert of Lawrence, 
the Convention adjourned until half-past 2 
o'clock P.M. 



AFTERNOOIS^ SESSION. 

Convention met pursuant to adjournment, 
the President in the chair. 

Mr. Drake offered the following resolu- 
tion : 

Resolved^ That the following title be pre- 
fixed to the Constitution, to-wit: "Consti- 
tution of the State of Missouri, as revised, 
amended, and adopted in Convention, be- 
gun and held at the city of St. Louis, on the 
6th day of January, one thousand eight 
hundred and sixtj^-tive. ' ' 

Which was read the first and second time, 
and, on motion of Mr. Drake, the rules 
were suspended, the article read a third 
time, adopted, and referred to the Revising 
Committee. 

The pending question, being the new sec- 
tion offered by Mr. Switzler to the article on 
Education, was called up, and the question 
being on the adoption of the section, Mr. 
Davis of Nodaway demanded the ayes and 
noes thereon, and the vote being taken, 
stood as follows : 

Ayes — Messrs. Gilstrap, Swearingen, and 
Switzler— 3. 

Noes— Messrs. Adams, Bedford, Bonham, 
Bui ice, Childress, Clover, Davis of Noda- 
way, Dodson, Drake, Esther, Folmsbee, 
Fulkerson, Gamble, Gilbert of Lawrence, 
Green, Henderson, llolcomb, Holland, 
Hume, Husmann, Leonard, Linton, McKer- 



nan, McPherson, Mack, Meyer, Rankin, 
Rohrer, Smith of Mercer, Smith of Worth, 
Strong. Sutton, Weatherby, Williams of 
Scotland, and Mr. President — 35. 

Absent with Leave — Messrs. Budd, 
Bush, Evans, Foster, Gilbert of Platte, 
Holdsworth, Hughes, Martin, Morton, New- 
gent, St. Gem, and Thilenius — 12. 

Absent without Leave — Messrs. Barr, 
Davis of New Madrid, D'Oench, Ellis, Fil- 
ley, Fletcher, Grammer, King, Nixdorf, 
Owens, and Williams of Caldwell— 11. 

Sick — Messrs. Cowden, Mitchell, and 
Peck— 3. 

So the new section was rejected. 

Mr. Switzler offered the follo^ving amend- 
ment : 

Strike out all after the words "per 
annum, ' ' in the tenth line of section sixth. 

Mr. Krekel offered the following as a 
substitute for the amendment of Mr. Switzler, 
which was adopted : 

Amend section sixth, line eio^hth, as 
follows: Strike out the word "said," and 
insert the words "the State." Amend 
sixth section, tenth line, by striking out the 
words "may also," and insert the words 
' 'all county school funds shall. ' ' Strike out 
the word "security," in the eleventh line, 
and add at the end of the section the words 
' 'with additional personal security. ' ' 

On motion, the substitute was adopted. 

Mr. Husmann offered the following 
amendment, which was rejected: 

Amend by striking out section four. 

Mr. Holland offered the following amend- 
ment, which was adopted: 

Amend bj' striking out the words ' 'bearing 
not less than six per centum interest per 
annum," in ninth and tenth lines, section 
sixth . 

Mr. Holcomb offered the following amend- 
ment, which was adopted: 

Amend section second by striking out the 
word "just," in the third line; also, all 
between the word ' 'children, ' ' in third line, 
and the word ' 'without, ' ' in the fourth line. 

Mr. Smith of Worth offered the following 
amendment: 

Strike out the first clause of section seventh, 
down to the word "the, " in the fourth line. 

Mr. Krekel offered the following as a 
substitute for the amendment of Mr. Smith 
of Worth: 



Strike out the word ' 'four 
"three" in lieu thereof. 



' and insert 



Mr. Weatherby offered the following 
resolution : 



208 



Resolved^ That the Convention will here- 
after hold nio'ht sessions, commencing at 
half-past 7 o'clock. 

Which was laid over under the rules . 

On request of Mr. Husmann, he was 



relieved from further duty on the Engrossing 
Committee. 

On motion of Mr. GtIlsteap, the Conven- 
tion adjourned until 9 o'clock to-morrow 
morninff. 



SEVENTY-FIRST DA.Y. 



Convention met pursuant to adjourinnent, 
the President in the chair. 

Mr. FoLMSBEE presented a petition from 
P. T. Kenney, asking the Convention to 
pass an ordinance enabhng persons suJQ[ering 
loss from stock killed on the Hannibal and 
St. Joseph railroad, to prosecute their 
chiims before a local justice of the peace, 
and making process served on the nearest 
agent of said railroad comi3any, sufficient 
notice to the company, to bring the party 
into court; also, praying that said railroad 
company may be required to fence in its 
road . The petition was read for informa- 
tion and laid on the table . 

Mr. Barr, Chairman of the Military Com- 
mittee, presented the following report, with 
an accompanj'ing ordinance: 

Mr. President : Your committee, to 
whom was referred the ordinance respecting 
the organization of the Missouri militia, 
have had the same under consideration, and 
beg leave to offer the following new ordi- 
nance, and respectfully recommend its adop- 
tion. A. J. BARR, 

Chairyyian of Coimnittee. 

AN ORDIXANCE for THE ORGANIZATION AND 
GOVERNMENT OF THE MISSOURI MILITIA. 

Be it ordained by the People of the State of 
Missouri^ in Conve7ition assembled, as fol- 
lows : 

Section 1. All able-bodied male inhabi- 
tants of the State of Missouri shall be liable 
to military duty under this ordinance, except 
as is hereinafter provided, and, when organ- 
ized, shall constitute and be known and 
designated as the • ^Missouri Militia. ' ' 

Sec. 2. Persons over the aoe ot forty-five 
years, and under the age of eighteen years; 
United States mail carriers, when actually 
employed as such; United States and State 
ofiicers; one miller to each public mill, and 
an engineer for the same, when actually em- 
ployed in said capacity; teachers of public 
schools; ministers of the gospel; regular 
practicing physicians and railroad emploj^es, 
shall be exempt from duty in the militia, and 



SATURDAY, April 1st, 1865. 

shall be entitled to and receive from the en- 
rolling otticer a certificate to that effect, on 
producing to said enrolling officer satis- 
factory evidence of tlieir respective avoca- 
tions or employments. 

Sec. 3. There shall be an em-oUing officer 
for each county, with the rank of a lieutensuit, 
appointed b}' the commanding officer of each 
sub-district.'^ whose duty it shall be to enroll 
all persons in said county, liable to do mili- 
tarj' duty, once in each year. 

Sec. 4. The militia, as soon as enrolled, 
shall be organized into platoons, companies, 
regiments and brigades. A platoon shall be 
composed of not less than thirty-four nor 
more than fifty privates, two sergeants, four 
corporals, and one lieutenant. A company 
shall consist of the number of men. commis- 
sioned and non-commissioned officers, pre- 
scribed by the revised regulations of the 
army of the United States. A regiment 
shall consist of eight companies or more, 
with the number of field and staff" officers 
prescribed by armj" regulations, for the 
particular branch of service to which it maj^ 
be asssigned. A brigade shall consist o'^f 
three or' more regiments. 

Sec. 5. Platoons and companies, as soon 
as organized, shall elect their own officers, 
who shall, before being commissioned by 
the Grovernor, take and subscribe the oath 
prescribed in article — , section — , of the 
Constitution of the State of Missouri. 

Sec. 6. The Governor shall nominate, and 
by and with the advice and consent of the 
Senate appoint, two brigadier generals, and 
as many colonels, lieutenant colonels and 
majors,"^ as may be necessarj:- for properly 
disciplining and governing the force organ- 
ized under this ordinance: Provided, however. 
That tlie officers and men thus commissioned 
and organized shall not be entitled to nor re- 
ceive any paj^, rations or emoluments, when 
not in actual service. 

Sec. 7. The part of the State north of the 
Missouri river, shall be kno\\m as the ' 'First 
Military District. ' ' and the part of the State 
south of said river shall be known as the 
' 'Second Militaiy District;' ' which shall be 
divided into such sub-districts as, in the 
judgment of the commander-in-chief, the 
good of the service may require. 

Sec. 8. The staff" of general officers shall 
be the same as for the time may be prescribed 



209 



bv regulations of the United States army, 
of orders of the War Department, governing 
appointments of ofiicers of the same grade in 
the United States service, all of whom shall 
be detailed from the line of the command of 
the officer to whose stafi" they are attached. 

Sec. 9. The staff of the commander-in- 
chief shall be: an adjutant general, with the 
rank and pay of colonel of cavalry; a quar- 
termaster general, an inspector general, and 
a commissary general, each with the rank 
and pay of a colonel of cavalry; a paymaster 
general, with the rank and pay of lieutenant 
colonel of infantry; a surgeon general, with 
the rank and pay of colonel of infantry; a 
judge advocate general, with the rank and 
pay of lieutenant colonel of infantry; three 
aides-de-camp, with the rank and pay of 
major of infantry. He may detail, froni the 
line and tield ofiicers of any regiment, such 
officers as he may deem proper, and assign 
them to duty on his statf. 

Sec. 10. It shall be lawful for the com- 
mander-in-chief to call into service such 
platoons, companies, or regiments, as the 
safety and peace of the State may require, 
and to issue such instructions as may be 
necessary to insure strict discipline and 
familiarity in drill. 

Sec. 11. The publication of the proclama- 
tion of his excellenc}^ the Governor shall 
be deemed sufficient notice to all persons 
subject to military duty to report to their 
respective commanding officers for active 
service . 

Sec. 12. The articles of war and army 
regulations, as published by authority of the 
War Department of the United States, shall 
be observed by the Missouri militia in every 
pai'ticular not otherwise provided by this 
ordinance; and the manner of drill shall be 
such as is prescribed in the tactics adopted 
by the United States armj'. 

Sec. 13. Whenever the militia, or any 
part of it, is called into service, the inspec- 
tor general, or his assistants, shall muster 
such force into the service on the rolls of the 
platoon, one of which rolls shall be retained 
by the commanding officer of the platoon , one 
copy shall be returned to the adjutant general 
of the State, and one copy to the district 
headquarters. He shall administer, to each 
platoon separately, the following oath : 
' ' You, and each of you, do solemnly swear 
that you will support, protect and defend 
the United States and the State of Missouri, 
and the constitution and laws thereof, ao-ainst 
all their enemies; that you will assist in 
enforcing the laws, and will obey all lawful 
orders of the officers having authority to 
command you whilst in the service; so help 
you God." And any person, subject to 
military duty, who shall refuse to take said 
oath, shall be considered and treated as a 
prisoner of war. 

Sec. 14. The physician, or surgeon, who 
shall be appointed hy the surgeon (j;eneral to 
examine persons claiming exemption, shall 
give to every person exempted by him 
a certificate, and shall return, to the office 
M 



of the adjutant of the district, within five 
days after' the close of each of his sittings for 
that purpose, a complete list of all persons 
so exempted. The physician, or surgeon, 
so employed, shall receive the pay of a major 
of infantry while actually engaged in such 
service. 

Sec. 15. Any physician, or surgeon, au- 
thorized by the provisions of this ordinance 
to issue certificates of exemption, Avho shall 
fraudulently issue any such certificates, shall 
be liable to" a fine of not less than five hun- 
dred dollars, to be recovered by indictment 
before the circuit court of the proper county, 
except St. Louis county, where the indict- 
ment shall be before the criminal court. 

Sec. 16. Every person who neglects or 
refuses to enroll himself fc;hall pay the sum 
of twenty dollars, to be levied upon his 
goods and chattels, by order of the com- 
manding officer of the district, and may be 
imprisoned, or put at hard labor, by said 
officer, until said fine is paid, and shall then 
be enrolled and assigned to such platoon or 
company as the commanding officer of tlie 
district may direct ; and any person 
duly enrolled, and liable to militia ser- 
vice, who shall refuse or neglect to perform 
such service, shall pay a fine of five dollars 
per day for every day he fails to render 
such service, after having been thereto 
required by his officers; and in addition 
thereto, such delinquent shall be subject to 
arrest, trial and punishment, within the dis- 
cretion of a court martial; and nothing in 
this section shall be construed to exempt any 
man from military service. 

Sec. 17. The commanding officer of each 
platoon or company shall certify to the com- 
manding officer of the battalion to which he 
is attached, a list of all persons liable to fin,e 
under the provisions of this ordinance, with 
the number of days each person has neg- 
lected or refused to do duty, which list shall 
be, by the commanding officer of the bat- 
talion, certified to the clerk of the circunt 
court of the county, ten days before the next 
term of the said* court, who shall place ii 
copy of said list in a conspicuous place in h\% 
office, at least five days before the first day 
of the term. 

Sec. 18. It shall be lawful for the circuit 
court to render a judgment and award an 
execution against each person named in said 
lists for the sum due by him, and cost^;, 
which shall be collected as other fines. The 
sheritt'of the county may collect all sums due 
in said fists before "judgment, and shall pay 
over the same to the State treasury, to the 
credit of the Union military fund. He shall 
certify to the commanding officer of tln^ 
district the names of all persons who tail to 
pay the amount stated against them in said 
lists, or who have no property whereof to 
levy such execution. And the commanding 
officer of the district shall arrest :nui juit at 
labor the persons mentioned in the last-named 
lists, until the amounts chie by them are 
paid. And it shall be the duty of the circuii 
attorney of the proper county to prosecute 



210 



all sucli matters as shall come before the said 
court by virtue of this section. 

Sec. 19. The sum of lifty cents per day 
shall be reckoned to every person put at laboV 
nnder the provisions of this ordinance, until 
the tine or penalty due by him is fully paid. 

Sec. 20. The uniform of the Missouri 
militia shall be the same as prescribed by 
tlie United States army regiiialions for the 
army of the United States, until otherwise 
ordered by the commander-in-chief. 

Sec. 21. All othcers, when on duty, shall 
wear the uniform of their ranlc, and no 
person, not in the military service of the 
State or the United States,' shall wear any 
Insignia of rank, or any part of unifoi-m', 
under a peiialty of twenty dollars for every 
offense, to be recovered by suit and summary 
trial before any justice of the peace. 

Sec. 22. The pay of the militia shall be the 
same, for otlicers knd men, as allowed for 
the same by the United States to officers and 
soldiers, and fifty cents for each day's 
service of his horse, when he is mounted!^ 

Sec. 23. All taxes levied and collected for 
military purposes, and all fines imposed 
upon militiamen by this ordinance; all 
proceeds of the sale of contraband or cap- 
tured property, seized or captured by tlie 
militia, and all other appropriations" and 
levies made for the benefit of the militia, 
shall likewise be paid into the treasury, to 
tlie credit of the Union military fund. Out 
of such fund shall be paid, fii-st, all sums 
now due the enrolled Missouri militia for 
services rendered, and Union militar}'' bonds 
now outstanding- or hereafter issued; and 
second, all expenses incurred according to 
law and audited by the proper officers, and 
appropriations for military purposes, as 
other claims against the State. 

Sec. 24. The Governor of the State shall 
lay before the General Assembly, at each 
regular session thereof, a report of the 
moneys expended for militia purposes, and 
an estimate of tlie funds necessary for support 
of the militia for the next two years. 

Sec. 25. The commander-in-chief may 
assign to duty as paymasters, such officers as 
may to him seem proper — not exceeding four 
in number — with the rank and pay of majors 
of infantry, and require them, before entering 
u}3on the discharge of the duties of their 
office, to execute a bond, in a sum and with 
such securities as he shall order, conditioned 
for the faithful performance of their duty. 

Sec. 26. Any officer, civil or military, 
who may refus'e to account for and pay over, 
according to law, any moneys or property 
coming to his hands „ belonging to the militia 
fund, shall, upon conviction thereof, in the 
circuit or criminal court, on indictment, be 
sentenced to imprisonment in the penitentiary 
for a term of not less than five nor more than 
ten years. 

Sec. 27. Courts martial shall be constituted 
and shall proceed in all cases, and be gov- 
erned by the laws and regulations, as are 
prescribed for the United States army. 



Sec. 28. The General Assembly of this 
State shall provide the ways and means for 
the payment of the Missouri militia. 

Sec." 29. An act entitled *'An act for the 
organization and government of the Missouri 
militia," approved Februarj^ 10, 1865, and 
all other acts or parts of acts, inconsistent 
with the provisions of this ordinance, are 
hereby abrogated. 

The ordinance was read the first and second 
time, and ordered to be printed. 

On request of Mr. Fletcher, leave of 
absence was grarited him for five days. 

Mr. Strong, chairman of the Engrossing 
Committee, reported the article on Sight of 
Sufi'rage as correctly engrossed. 

On motion of Mr. Gilstrap, the ordi- 
nance definmg the number of judicial cir- 
cuits of Missouri, was taken up. 

Mr. GiLSTRAP offered the following amend- 
ment thereto: 

Amend the ordinance bj^ striking out the 
second, third, fourth, fifth, sixth, and 
seventh organizations of judicial circuits, 
and insert the following: 

Section — , Tlie second judicial circuit 
shall consist of the counties of St. Charles, 
Warren, Montgomery, and Callaway; the 
third judicial circuit shall consist of the 
counties of Pike, Lincoln, Audrain, Boone, 
and Howard; the fourth judicial circuit sliall 
consist of the counties "of Marion, Lewis, 
Clark, Kails, and Monroe; the fifth judicial 
circuit sliall consist of the counties of Macon, 
Randolph, xVdair, Shelby, Knox, Scotland, 
and Schuyler; the sixth "judicial circuit sliall 

consist oi the counties of ; the seventh 

judicial circuit shall consist of the counties 
of ; the eighth judicial circuit shall con- 
sist of the counties 'of . 

On motion of Mr. Barr, the ordinance on 
Judicial Circuits, v/ith the amendment 
thereto ofiered by Mr. Gil strap, w^as referred 
back to the Committee on Judicial Circuits. 

Mr. Williams of Caldwell moved that the 
Committee on Districting tlie State into Judi- 
cial Circuits be discharged from the further 
consideration of the subject. 

Mr. moved the previous question, 

which was sustained . 

The question then being upon agreeing to 
the motion of Mr. Williams of Caldwell, he 
demanded the ayes and noes thereon; and 
the vote being taken, stood as follows: 

Ayes — Messrs. BaiT, Bonham, Bunce, 
Childress, Clover, Dodson, D'Oench, Esther, 
Evans, Folmsbee, Fulkerson. Gilbert of 
Lawrence, Gilstrap, Holcomb, Holdsworth, 
Linton, McKernan, Mack, Meyer, Eankin, 
Rohrer, Smith of Mercer, Strong, Sutton, 
Swearingen, Switzler, Weatherby, Williams 
of Caldwell, and Mr. President— 29. 



211 



Noes — Messrs. Adams, Bedford, Davis of 
Nodaway, Drake. Gamble, Holland, Hume, 
King', and jMcPherson — 9. 

Absent with Lhave — Messrs. Bush, 
Fletcher, Foster, Gilbert of Platte, Hughes, 
Husman.n, Morton. Newgent, St. Gem, and 
Thilenius— 10. 

Absent without Leave — Messrs. Budd, 
Davis of New Madrid, Ellis, Fillejs Gram- 
mer. Green, Henderson, Leonard, Martin. 
Nixdorf, Owens, Smirli of Worth, and Wil- 
liams of Scotland— 13. 

Sick — Messrs. Cowden, Mitchell, and 
Peck — 3 . 

So the motion was agreed to, and the com- 
mittee discharged from further consideration 
of the subject of districting- the State into 
judicial circuits. 

On motion of Mr. Steong, the article on 
Eight of Suffrage, as reported back fi-om 
the Engrossing Connnittee, was taken up. 

Mr. FoLMSBEE otfered the following- 
amendment: 

Amend section ninth bj^ inserting-, in the 
fifth line, after the word "to," the words 
' 'teach or preach, or. " 

On motion of Mi\ Drake, the Convention 
adjourned until half-past 2 o'clock P.M. 



AFTEENOON SESSION. 

The Convention met pursuant to adjourn- 
ment, the Vice President in the chair. 

On motion of Mr. Folmsbee, a call of the 
house Vv^as ordered, and the following mem- 
bers responded to their names : 

Messrs. Adams, Barr. Bonham, Bunce, 
Childi-ess, Davis of Nodaway, Dodson, 
Drake, Ellis, Estlier, Evans', Folmsbee. 
Fulkerson, Gamble, Gilbert of Lawrence, 
Holcoml), Holds -A'orth, Holland, Hume, 
King, Leonard, Linton, McKernan, Mc- 
Pherson, Mack, Eankin, EoJn-er, Smith of 
Mercer, Smith of Worth, Sutton, Weathei-by, 
Williams ot Ca.ldwell, and Williams of Scot- 
land — 33. 

Absent with Leayk— Messrs. Fletcher, 
Foster, Gilbert of Platte. Hughes, Husmann, 
Morton, Newgent, St. Gem. and Thilenius 
—9. 

Absent without Leave — Messrs. Bed- 
ford, Bndd. Bush, Clover, Davis of New 
Madrid, D'Oench, Filley, Gilstrap, Gram- 
mer. Green, Hendersoii, Martin, Meyer, 
Nixdorf. Owen.,, Strong. Swearingen, Switz- 
ler, and Mr. President— 19. 

Sick — Messrs. Cowden, Mitchell, and 
Peck-3. 

A quorum bein^ present, on motion of 
Mr. Folmsbee, further proceedings under 
fhe call were dispensed with. 



On motion of Mr. Mack, leave of absence 
was granted to Mr. Eankin for ten days. 

The article on the Right of Sulfrage 
was taken up; and the question being on the 
adoption of Mr. Folmsbee's amendment to 
section nine, by inserting- in the fifth line, 
after the word "to," the words "teach or 
preach, or," Mr. Holcomb demanded the 
ayes and noes thereon; and the vote being 
taken, stood as follows : 

Ayes — Messrs. Adams, Bonham, Bunce, 
Childress, Davis of Nodaway, Dodson, Ellis, 
Esther, Evans, Folmsbee, Gilbert of Law- 
rence, Holcomb, Holdsworth, Holland, 
Hume, Leonard, Eankin, Eohror, Sniitli of 
Mercer, Smith of Worth, Strong, Sutton, 
Weatherby, Williams of CaldweU, and Wil- 
liams of Scotland— 25. 

Noes — Messrs. Barr, Drake. Fulkerson, 
Gamble, Henderson, King, Linton, Mc- 
Pherson, Swearingen, and Switzler — 10. 

Absent with Leave — Messrs. Bush, 
Fletcher, Foster, Gilbert of Platte, Hughes, 
Husmann, Morton, Newgent, St. Gem, and 
Thilenius — 10. 

Absent without .Leave — Messrs.^ Bed- 
ford, Budd, Clover, Davis of New Madrid, 
D'Oench, Filley, Gilstrap, Grammer, 
Green, McKernan, Mack, Martin, Meyer, 
Nixdorf, Owens, and Mr. President — IG. 

Sick — Messrs. Cowden, Mitchell, and 
Peck— 3. 

So the amendment was adopted. 

Mr. Evans offered the following amend- 
ment : 

Amend section eighteenth hj striking out 
the following words: " 'and every maleper- 
son of foreign birth, who may have declared 
his intention to l)ecome a citizen of the 
United States, according to law, not less 
than one year, nor more than five years, 
before he otters to vote, who is. " 

Mr. Holcomb moved the previous question , 
which was sustained. 

The question then being on the adoption 
of the amendment of Mr. Evans, Mr. 
Bonham demanded the ayes and noes there- 
on; and the vote being taken, stood as 
follows : 

Ayes — Messrs. Bunce, Childress, Esther, 
Evans, Gamble, Hume, Mack. Eankin, 
Smith of Mercer, Strong, Sutton, Sweai-in- 
gen, Swit/Jer, and Williams of Scothnul— 14. 

NoKS— Messrs. Barr, Bonham. l>avis of 
Nodaway, Dodson. Drake, Folmsbee, 
P'ulkerson, Gilbert of Lawrence, Henderson, 
Holcomb, Holdsworth, Holland. King, 
Leonard, Tiinton, McKernan, MePheison, 
JSIc'Ver, Eoln-er, Smith of >V\>rtli, Weatherby,, 
and Williams ot Caldwell— 22. 

Absent with Leave — Messrs. Busb» 
Fletcher, Foster, Gilbert of Platte, Hughes, 
Husmann, Morton, Newgent, St. Genu iuid 
Thilenius— 10. 



212 



Absent without Leave — Messrs . Adams , 
Bedford, Biidd, Clover, Davis of New 
Madrid, D'Oench, Ellis, Filley, Gils trap, 
Grammer, Green, Martin, Nixdorf, Owens, 
and Mr. President — 15. 

Sick — Messrs. Cowden, Mitchell, and 
Peck— 3. 

So tlie amendment was rejected. 

Mr. Drake offered the following amend- 
ment, which was adopted: 

Amend section one hy striking out the 
word "twentieth," and inserting in lieu 
thereof the word ' 'tw^enty-first. ' ' 

Mr. Drake offered the following amend- 
ment, which was adopted: 

Amend, on page six, line ten, by striking 
out the word ' " said . ' ' 

Mr. Strong offered the following amend- 
ment, which was adopted: 

Amend, on page nine, line thirteen, hy 
inserting the word "white" before the 
word ' ' male . ' ' 

Mr. Drake offered the following amend- 
ment, which was adopted : 

Amend, on page ten, line four, by sti-ildng 
out the word ' 'twentieth, " ' and inserting in 
lieu thereof the word * 'twenty-ffrst. ' ' 

Mr. Drake offered the following amend- 
ment, which was read: 

Amend, on page three, lines eighteen, 
nineteen, twenty, and twenty- one, by 
striking out the words ' *or in any common 
or other schools; or of holding any real 
estate or other property in trust for the use 
of any church, religious society, or congre- 
gation;" and inserting in lieu thereot' the 
words "incorporated by or under any law 
©f this State; or of teachino' in anj^ common 
or other school, which is sustained, in 
whole or in part, hy funds provided by 
law. ' ' 

Mr. Drake moved the previous question, 
which was sustained. 

The question then being on adopting the 
amendment of Mr. Drake, Mr. Holland 
.demanded the ayes and noes thereon; and 
the vote being taken, stood as follows: 

Ayes — Messrs. Bonham, Bush, Clover, 
Davis of Nodaway, Drake, Evans, Gamble, 
Henderson, Linton, McKernan, McPherson, 
Meyer, Rohrer, and Switzler — 14. 

Noes — Messrs. Barr, Bunce, Childress, 
Dodson, Esther, Folmsbee, Fulkerson, Gil- 
bert of Lawrence, Holcomb, Holdsworth, 
Holland, Hume, King, Leonard, Smith of 
Mercer, Smith of Worth. Strong, Sutton, 
Swearingen, VVeatherby, Williams of Cald- 
well, and Williams of Scotland— 22. 

Absent with Leave — Messrs. Fletcher, 
Foster, Gilbert of Platte, Hughes, Hus- 
mann, Morton, Newgent, St. Gem, and 
Thilenius— 9. 



Absent without Leave — Messrs. Adams, 
Bedford, Budd, Davis of New Madrid, 
D'Oench, Ellis, Filley, Gilstrap, Grammer, 
Green, Mack, Martin, Nixdorf, Owens, 
Eankin, and Mr. President — 16. 

Sick — Messrs. Cowden, Mitchell, and 
Peck-3. 

So the amendment was not adopted . 

On motion of Mr. Drake, the article on 
Right of Suffrage was read the third time, 
and the question being upon its adoption, 
Mr. Drake demanded the ayes and noes 
thereon; and the vote being taken, stood as 
follows : 

Ayes — Messrs. Barr, Bonham, Bunce, 
Childress. Clover, Davis of Nodaway, Dod- 
son, Drake. Esther, Folmsbee, Fulkerson, 
Gamble, Gilbert of Lawrence, Henderson, 
Holdsworth, Holland, Hume, King, I^eon- 
ard, McKernan, McPherson, 3Iack, Smith 
of Mercer, Smith of Worth, Strong, Sutton, 
Swearingen, Weatherby, Williams of Cald- 
well, and Williams of Scotland — 30. 

Noes — Messrs. Bedford, Bush, Holcomb, 
Linton, Meyer, Rohrer, and Switzler — 7. 

Absent w^ith Leave — Messi's. Evans, 
Fletcher, Foster, Gilbert of Platte, Huo-hes, 
Husmann, Morton, Newgent, St. Gem, 
and Thilenius — 10. 

Absent without Leave — Messrs. Adams, 
Budd, Davis of New Madrid, D'Oench, 
Ellis. Filley, Gilstrap, Grammer. Green, 
Martin, Nixdorf, Owens, Rankin, and Mr. 
President. — 14. 

Sick — Messrs. Cowden, Mitchell, and 
Peck— 3. 

So the article was adopted and referred to 
the Revising Committee. 

Mr. Holcomb moved to adjourn, on 
which motion Mr. Davis of Nodaway de- 
manded the ayes and noes; and the vote 
being taken, stood as follows: 

Ayes — Messrs. Bedford, Holcomb, Meyer, 
Rohrer, Smith of Mercer, Smith of Worth, 
and Switzler — 7. 

Noes — Messrs. Barr, Bonham. Bunc€, 
Childress, Clover, Davis of Nodaway, Dod- 
son, Drake, Esther, Fulkerson, Gamble, 
Gilbert of Lawrence, Henderson, Holds- 
woj-th, Holland, Hume, King, Leonard, 
Linton, McKernan, McPherson, Mack, 
Strong, Sutton, Swearingen, Weatherbv. 
Williams of Caldwell, and Williams of Scot- 
land— 28. 

Absent with Lea^^ — Messrs. Evanf«!. 
Fletcher. Foster, Gilbert of Platte, Hughes, 
Husmann, Morton, Newgent, St. Gem, and 
Thilenius — 10. 

Absent without Leave — Messrs. Adams. 
Budd, Bush, Davis of New Madrid, 
D'Oench, Ellis, Filley, Folmsbee, Gilstrap, 
Grammer, Green, Martin, Nixdorf, Owens, 
Rankin, and Mr. President — 16. 

Sick — Messrs. Cowden, Mitchell, and 
Peck— 3. 



213 



So the Convention refused to adjourn. 
On motion of Mr. Drake, the article on 
Declaration of Rights was taken up. 

Mr. LiNTox nioved to amend the same by 
striking out section thirteen. 

Mr. Weatherby moved the i)re\ious ques- 
tion , which was sustained. 
The vote was then taken on Mr. Linton's 



motion to strike out section thirteen, and 
the motion was rejected. 

Mr. KoHRER moved a call of the house, 
which was not sustained. 

Mr. Weatherby called up his resolution 
providing for night sessions; pending the 
consideration of which, on motion of Mr. 
Drake, the Convention adjourned until 
Monday morning next at 9 o'clock. 



SEVENTY-SECOND D_A.Y. 



Convention met pursuant to adjournment, 
the Vice President in the chair. 

Mr. Strong, chairman of the Engrossing- 
Committee, reported the article on Legisla- 
tive Department correctly engrossed. 

Mr. GiLSTRAP, from the Committee on the 
Judicial Department, made the following 
report : 

Mr. President: The Committee on the 
Judiciarj^, having had the ordinance under 
consideration entitled "An ordinance pro- 
viding for the punishment of crimes," the ma- 
jority of the committee have instructed me 
to report the same back and recommend its 
passage. The ordinance has been printed 
and laid upon the table of members for 
several days, and must be fully understood; 
to which consideration the committee refer 
the argument in support of this ordinance. 
All of which is respectfullj^ submitted. 

A. L. GILSTRAP, Acting Chairman. 

The ordinance referred to is set forth at 
large in the journal of the sixtieth day. 

On motion of Mr. Smith of Mercer, the 
ai'ticle on Education was taken up. 

Mr. Smith of Mercer oifered the following 
amendment thereto : 

Amend by striking out section two, and 
insert, as a substitute, the following: White 
children, and children of African dscent, 
shall not be taught in the same schools; 
but separate schools may be established for 
children of African descent. All funds pro- 
vided for the support of public schools shall 
be appro[)riated in proportion to the number 
of cliildren between the ages of five and 
twentj'-one years, without regard to color. 

Upon this ([uestion Mr. Drake demanded 
the ayes and noes; and the vote being taken, 
stood as follows: 

Ayes— Messrs. Bunce, Childress, Dodson, 
Esther, Folmsbee, Fulkerson, Gamble, 



MONDAY, April 3d, 1865. 

Gilstrap, Holdsworth, McPherson, Mack, 
Smith of Mercer, Strong, Sutton, Swear- 
in^en, and Switzler — 16. 

SToes — Messrs. Bonham, Budd, Bush, 
Davis of Nodaway, Drake, Filley, Gilbert 
of Lawrence, Henderson, Holcomb, Hol- 
land, Hume, Kii\g, Leonard, McKernan, 
Meyer, Rohrer. Smith of Worth, Weatherby, 
Williams of Caldwell, and Williams of Scot- 
land— 20. 

Absent with Leave — Messrs. Evans, 
Foster. Gilbert of Platte, Husmann, Mor- 
ton, Newgent, Nixdorf, Rankin, St. Gem, 
and Thilenius — 10. 

Absent without Leave — Messrs . Adams, 
Bedford, Clover, Davis of New Madrid, 
D'Oench, Fletcher, Grammer, Green, 
Hughes, Linton, Martin, Owens, and Mr. 
President— 13. 

Sick — Messrs. Barr, Cowden, Ellis, 
Mitchell, and Peck — 5. 

So the amendment was rejected. 

Mr. BoNHAM offered the following as a 
new section: 

In case the public school fund shall be in- 
sufficient to support a free school at least six 
months in each school year, in the several 
school districts in this State, the Legislature 
shall provide by law for the raising" of such 
deficiency by taxation on all the taxable 
property in each county, municipal town- 
ship, or school district, 'as they shall deem 
proper. 

On which, Mr. Bonham demanded the ayes 
and noes; and the vote being taken, stood as 
follows: 

Ayes— Messrs. Bonham. Bush. ChiUlress, 
Davis of Nodaway, Drake, Filley, Fulkerson, 
Gilbert of Lawrence, Holcomb, ^IcKernan, 
Smith of Worth, Strong, and Weatherby — 13. 

NoKs — jNiessrs. Budd, Bunce, Dodson, 
D'Oench, Esther, Folmsbee, C amble. Gil- 
strap, Henderson, Holdsworth. Holland, 
Hume, King, Leonard, ^ft'Therson, "Mack, 
Rohrer, Sniith of Mercer, Sutton, Swearin- 



214 



^en, Switzler, Williams of Caldwell, and 
Williams of .Scotland— 23. 

Absent with Leave — Messrs. Evans, 
Foster, Gilbert of Platte, Husmann, Morton, 
N"ewgent. Xixdorf, Rankin, St. Gem, and 
Tliilenius— 10. 

Absent without Leave — Messrs. Adams, 
Bedford, Clover, Da^is of New Madrid, 
Fletcher. G]-ammer, Green, Huo-hes. Linton, 
Martin, Meyer, Owens, and Mr. President 
—13. 

Sick — Messrs. Barr, Cowdeii, Ellis, 
MitcJiell, and Peck — 5. 

So the new section was rejected. 

Mr. Gamble was appointed on the 
Engrossing Committee in i^lace of Mr. 
Husmann. 

Mr. Strong offered the following amend- 
meiit: 

Add, as a new section, the following: Li 
case the piUjlic school fund shall be insafh- 
cient to sustjiiu a free school at least four 
montlis ill eveiy year, in each school district 
in this State, the General Assembly maj^ 
provide, by ];iw, for the raisin o- of such 
detieieiicy. ]jy levying a tax on all the taxable 
property in eac.-h county, township, or school 
district,' as they may deem proper. 

Mr. Smith of Mercer demanded the pre- 
vious question, which was sustained. 

The question then being on the adoption of 
the new section ottered by Mr. Strong, Mr. 
BoNHAM demanded the ayes and noes thereon ; 
and the vote being, taken, stood as follows: 

Ayes — Messrs. Bonham, Childress, Davis 
of Nodaway, Drake, Filley. Folrasbee, Ful- 
kerson. Gamble, Gilbert of Lawrence, Hol- 
comb. Holds worth, McKernan, McPherson, 
Mack, Smith of Worth, Strong, Sutton, 
Swearingen, Switzler, Weatherbv, and Wil- 
lia ms of Cald wel 1—21 . 

Noes— Messrs. Budd, Bunce, Bush. Dod- 
son. D'OeiK'h, Esthei', Gilstrap. Henderson, 
Holland, Hume, King, Leonard, Roln-er. 
Smith of Mercer, and "Williams of Scotland 
—15. 

Absent with Leave — Messrs. Evans, Fos- 
ter, Gilbert of Platte, Hughes, Husmann, 
Morton, Newgent, Nixdorf, Rankin, St. 
Gem, and Thitenius — 11. 

Absent without Leave — Messrs. Adams, 
Bedford, Clover, Davis of New Madrid, 
Fletcher. Gi-ammer, Green, Linton, Mar- 
tin, Meyer. Owens, and Mr. President — 12. 

Sick— Messrs. Barr, Cowden, Ellis, 
Mitchell, and Peck — 5. 

So the new section was adopted. 

The fall of Richmond being announced by 
Mr. Drake, Mr. Linton moved to adjourn, 
on which motion Mr. Bonham demanded the 
ayes and noes; and the vote being taken, 
stood as follows: 



Ayes— Messrs. Budd, Bush. Dodson, 
D'Oench, Esther, Folmsbee, Henderson, 
Holds worth, Leonard, Linton, Rohrer. 
Smith of Mercer, Smith of Worth, Swear- 
in o-e n , an d S witzler — 1 5 . 

Noes — 31essrs Bonham. Bunce, Childres>J, 
Clover, Davis of Nodawny, Drake, Filley. 
Fulkerson. Gamble, Gilbert of Lav/rence, 
Holcomb, Holland, Hume, King, McPlier- 
son. Mack, Strono-. Sutton, Weatherby, 
Williams of Caldv\-ell, and Williams of Sco^t- 
land— 21. 

Absent with Leave — Mes.'jrs. Evans, 
Foster, Gilbert of Platte, Huglies, Hus- 
mann, McKernan, Morton, Newgent, Nix- 
dorf, Rankin, St. Gem, and Thirenias— 12. 

Absent without TjEave — Messrs. x^dams. 
Bedford, Davis of New Madrid, Fletcher, 
Gil strap, Grammer, Green, Martin, Meyer. 
Owens, and Mr. President— 11. 

Sick — Messrs. Barr, Cowden, Ellis. 
Mitchell, and Peck — 5. 

So the Convention refused to adjourn. 

Mr. Gilstrap declined serving on the 
Finance Committee. 

Mr. Smith of Worth called up the amend- 
ment offered by him on Friday-, to strike out 
the first clause of section seven, down to the 
word ' 'the, ' ' hi the fourth line. 

The substitute for the same, ofiered by Mr. 
Krekel, was declared out of order. 

The question then being on the amend- 
ment of Mr. Smith of Worth, he demanded 
the ayes and noes thereon; and the vote 
being taken, stood as follows: 

Ayes— Messrs. Bush, Childress, E.-sther, 
Gilbert of Lawrence, Gilstrap, Henderson, 
Linton, Mack, Smith of Mercer, Smith of 
Worth, Sutton, Swearingen, Switzler. 
Weatherby. ^Villiams of Caldwell, and Wil- 
liams of Scotland — 16. 

Noes — Messrife. Bonham, Budd, Bunce, 
Clover, Davis of Nodaway, D Oench, Drake, 
Filley, Fulkerson, Gamble, Holcomb, Hol- 
land," HunK.s King, Leonard, McKernan. 
McPherson, Rohrer, and Strong — 19. 

Absent with Leave — Messrs. Evans, 
Foster, Gilbert of Platte, Hughes, Hus- 
mann, Martin, Morton, Newgent, Nixdorf, 
Rankin, St. Gem, and Thilenius — 12. 

Absent without Lkave — Messrs. Adams, 
Bedford, Davis of New Machid, Dodson, 
Fletcher, Folmsbee, Grammer. Green. 
Holdsworth, Meyer, Owens, and Mr. Presi- 
dent— 12. 

Sick — Messrs. Barr, Cowden, Ellis. Mitch- 
ell, and Peck — 5. 

So the amendment was rejected. 

Mr. Bonham moved to strike out the Avord 
' "four, " and insert the word "three," in 
section seven, line three; which was adopted. 

Mr. Holcomb offered the following amend- 
ment, which was adopted: 



215 



Amend by inserting- "State or" between 
the words '''the" and "United States, " in 
third line. 

Mr. Weatherby moved to adjourn, on 
which motion Mr. Hollaicd demanded the 
ayes and noes; and the vote being talvcn, 
stood as follows : 

Ayks— Messrs. Bedford, Bush, Folnisbee, 
Henderson, Holdsworth, Linton, liohrer, 
•Smith of Mercer, Switzier, and Weatherbv 
—10. 

Noes — Messrs. Bonham, Budd, Bunce, 
Childress, Clover, Davis of Nodaway, Dod- 
sou, D'Oench, Drake, Esther, Filley, Ful- 
kerson, Gamble, Gilbert of Lawrence, Gil- 
strap, Holcomb, Holland. Hume, King-, 
Leonard, McKernan, McPherson, Mack, 
Smith of Worth. Strong, Sutton, Swear- 
ingen, Williams of Caldwell, and Williams 
of Scotland— 29 . 

Absent with Leave — Messrs. Evans, 
Foster, Gilbert of Platte, Hughes, Hus- 
mann, Morton, Newgent, Nixdorf, Rankin, 
S*:. Gem, and Thilenius— 11. 

Absent without Lkave — Messrs. Adams, 
Diivis of New Madrid, Fletcher, Grammer, 
Green, Martin, Meyer, Owens, and Mr. 
President— 9. 

Sick — Messrs. Barr, Cowden, Ellis, 
Mitchell, and Peck— 5. 

So the Convention refused to adjourn. 

Mr. Holcomb offered the follovvqng amend- 
ment: 

Amend section eight by striking out all 
after the word " for, " in the fourtiriine, up 
to the word * ' and, ' ' in the seventh line; and 
insert the word ' ' shall , ' ' between the words 
' ' and' ' and ' ' make, ' ' in the seventh line. 

On this question Mr. Bonham demanded 
the ayes and noes; and the vote being taken, 
stood as follows : 

Ayes — Messrs. Bunce. Bush, Dodson, 
Esther, Fulkerson, Gamble, Holcomb. 
Holdsworth. Hume, Leonard, Linton, 
Rolirer, Smitli of Mercer. Smitli of Worth, 
Swearingen, V/ilJiams of Caldwell, and Wil- 
liams of Scotland— 17. 

Noes— Messrs. Bedford, Bonham, Budd, 
Childress. Clover, Davis of Nodaway, Drake, 
Filley, Folmsbee, Gilbert of Lawrence, 
Henderson, llolUuid, King, AlcKernan, Mc- 
Pherson, Mack, Strong, "Sutton, Switzler, 
and Weatlierljy— 20. 

Absent with Leave — Messrs. Evans, 
Foster, Gilbert of Platte, Hughes, Hus- 
inann, Morton, Newo-ent, Nixdorf, Rankin, 
St. Gem, and Thilenius — 11. 

Absen'!' wi'J'hoi't Leave — Messrs. Adams, 
Davis of New Madrid, D'Oencli, Fletcher, 
Gilstrap, Grammer, Green, 3lartin, Mever, 
Owens, and Mr. Pi-(>si(lent— 11 . 

Sick — Messrs. Barr. Cowdeji, Ellis, 
Mitchell, and Peck— 5. 

So the amendment was not agreed to. 



On motion of Mr. Weatherby, the Con- 
vention adjourned until half-past 2 o'clock 
P. M. 



AFTERNOON SESSION. 

Convention met pursuant to adjournment, 
the President in the chair. 

Mr. Drake, chairman of the Revisin<^ 
Committee, made the following report: 

Mr. President: The Revising Commit- 
tee, to whom w^as referred the title of tho 
Constitution, beg leave to report the same 
back without amendment. 

CD. DRAKE, Chairman.- 

The title was then put on its final reading, 
and w^as adopted and ordered to be enrolled 
as a part of the Constitution. 

Mr. Drake offered the following resolu- 
tion, which was adopted: 

Resolved,. That the ordinance passed by 
this Convention, entitled "An ordinance to 
protect ema]icix)ated negroes from appren- 
ticeship," be enrolled and signed b^^ the 
President, and attested hj the SecreWy, 
and deposited in the office of the Secretary of 
State. 

Mr. Drakk, Chairman of the Revising 
Committee, made the following: report: 

Mr. President: The Revising Committee, 
to whom was referred the article on the 
Right of Suffrage, beg leave to report tlie 
same back without amendment. 

CD. DRAKE, Chairvia7i. 
Mr. Linton offered the following amend- 
ment to said article: 

Insert, after the word ' 'law, ' ' in the fourth 
line of ninth section, ' 'nor publish or edit a 
newspaper; nor pursue any avocation re- 
quiring the license of this State, or of the 
United States." 

Mr. Drake moved to reject the amend- 
ment, and demanded the ayes and noes 
thereon ; and the vote being taken , stood as 
follows : 

Ayes — Messrs. Barr, Budd, Bunce. Chil- 
dress. Clover. Davis of Nodawav, Dodson, 
Drake, Filley, Fulkerson, Gilbert of Law- 
rence. Henderson, Hume, King, Leonard, 
McKernan, .?»lcPherson, Mack, Rankin, 
Strong, Sutton, AYeatherbv, Williams ot 
C;ddwell, "^Villianis of Scotland, and :Sh\ 
President — 2"). 

NoE.s— Messrs. Esther, Gand^le, Holcomb, 
Holdsworth, Holland, Linton. Rohrer. 
I Smith of Mercer, Smith of "Worth, and 
I Swearingen — 10. 

I Ar>sEN'T with Leave— 31 essrs. Evans, 
I Foster, Gilbert ot Platte. Hughes, Husmaim. 
I JMoi'ton. Newgent, Nixdorf," St. Gem. and 
Thilenius— lOV 



216 



Absent without Leave— Messrs. Adams, 
Bedford, Boiihain. Bush, Davis of New 
Madrid, D'Oencli, Fletcher, Folmsbee, Gil- 
strap, G-rammer, Green, Martin Me5'er, 
Owens, and Switzler — 15. 

Sick— Messrs. Cowdeu, Ellis. Mitchell, 
and Feck — i. 

So the amendment was rejected. 

Mr. Drake moved that the article on the 
Right of SnfFrag-e be enrolled as a part of 
the Constitution, and moved the previous 
question thereon, which was sustained. 

The question then being on the enrollment 
of said article, Mr. Davis of Xodawaj 
demanded the ayes and noes ; and the vote 
being taken, stood as follows: 

Ayes— Messrs. Barr. Budd, Bunce, Chil- 
di'ess, Davis of Nodaway, Dodson, Drake, 
Esther, Filley, Fulkersou, Gilbert of Law- 
rence, Henderson. Holds worth, Holland. 
Hume, King, Leonard, McKernan, McFher- 
3on, Mack, Rankin, Smith of Worth, Strong, 
Sutton, Swearingen. TVeatherby, Williams 
of Caldwell, and Williams of Scotland — 28. 

Noes — Messrs. Clover, Gamble, Gilstrap, 
Holcomb, Linton, Rohrer, Smith of Mercer, 
and Mr. President^ — ^8. 

Absext with Leave — Messrs. Evans, 
S'oster, Gilbert of Platte, Grammer, Green, 
Hughes, Husmann. Morton, Newgent, Nix- 
dorf, St. Gem, and Thilenius — 12. 

Sick — Messrs. Cowden, Ellis, Mitchell, 
and Peck — 4. 

Absent without Leave — Messrs. Adams, 
Bedford, Bonham, Bush, Da^is of New 
Madrid, D'Oench. Fletcher, Folmsbee, 
Martin, Meyer, Owens, and Svvitzler— 12. 

So the article was ordered to be enrolled as 
a part of the Constitution. 

On motion of Mr. Drake, the article on 
Legislative Department was taken up. 

Mr. Drake offered the following amend- 
ment, which was adopted: 

Amend, on page one, line six, by insert- 
ing the word ' 'and' ' before the word "ap- 
pointed. ' ' 

Mr. Drake offered the following amend- 
ment, which was adopted: 

Amend, on page two, lines twenty and 
twenty-one, by striking out the words 
"shall constitute a senatorial district, and 
shall." 

Mr. Dr-ajvE offered the following amend- 
ment, which was adopted: 

Amend, on page seven, line twelve, by 
inserting, after the word ' -nays," the words 
' 'Shall be taken thereon, and! ' ' 

Mr. Drap:e offered the following amend- 
ment, which was adopted: 

Amend, on page eight, line ten, by insert- 
ing the word "a" before the w^ord. ''gen- 
eral, ' ' where it first occurs therein. 



Mr. Drake offered the following amend- 
ment, which was adopted: 

Amend, on page nine, lines twenty and 
twenty-one, by striking out the words "a 
majorit}^ of all" the members elected to both 
houses concur in fixing a different day by 
law. • ' and inserting in lieu thereof the 
words ' 'a different day be fixed by law. ' ' 

Mr. Drake offered the following amend- 
ment, which was adopted: 

Amend, on page nine, line twenty-four, 
by striking out "the words "the State of 
Missouri , • ' and inserting in lieu thereof the 
words ' ' this State . ' ' 

Mr. Drake offered the following amend- 
ment, which was adopted: 

Amend section thirtieth b}' adding thereto 
the following: But if any subject embraced 
in an act be not expressed in the title, such 
act shall be void only as to so much thereof 
as is not so expressed. 

Mr. Drake offered the following amend- 
ment, which was adopted: 

Amend by inserting the following section, 
next after section twentj-'-third: 

Sec. — . No act shall be revived or re- 
enacted by mere reference to the title thereof; 
nor shall any act be amended by providing 
that designated words thereof shall be struck 
out, and others inserted in lieu thereof: but 
in everj^ such case the act revived and re- 
enacted, or the actor part of act amended, 
shall be set forth and published at length, as 
if it were an original act or provision. 

Mr. Williams of Caldwell offered the 
following amendment, which was rejected: 

When the county court of any county shall 
have districted such countj',* such act of 
districting shall be adopted 'by a vote of the 
qualified voters of the county, before such 
act shall become a law. 

Mr. Drake moved that the article on the 
Legislative Department be read the third 
time; and the question being on its adoption, 
he demanded the ayes and noes thereon, 
which being taken, the vote stood as follows: 

Ayes — Messrs. Barr, Bonham, Budd, 
Bunce, Childress, Clover, Davis of Nodaway, 
Drake, Esther, Filley, Folmsbee, Fulkerson, 
Gamble, Gilbert of Lawrence. Henderson, 
Holdsworth. Holland. Hume. King, Leonard, 
McPherson, Mack, Rankin, Rohrer, Strong, 
Sutton, Weatherby, AYilliams of Caldwell, 
and Williams of Scotland — 29. 

Noes — Messrs. Dodson, Gilstrap, Hol- 
comb, Smith of Worth. Swearingen, Switzler, 
and Mr. President — 7. 

Absent with Leave — Messrs. Evans, 
Foster, Gilbert of Platte. Hughes. Husmann, 
Morton, Newgent, Nixdorf, St. Gem, and 
Thilenius— 10. 

Absent without Leave — Messrs. Adams, 
Bedford, Bush, Davis of New Madrid, 
D'Oench, Fletcher, Grammer, Green, Lin- 



21T 



ton, McKernan, Martin, Meyer, Owens, and 
Smith of Mercer — 14. 

Sick — Messrs. Covvclen, Ellis, Mitchell, 
and Peck — 4. 

So the article was adopted and referred to 
the Revising Committee. 

On motion of Mr. Strong, leave was 
granted to Mr. Folmsbee to record his vote 
on the article on the Right of Suffrage; and 
thereupon he voted aye. 

Mr. Smith of Worth offered an ordinance 
on suffrage and disfranchisement, providing 
tor the disfranchisement of disloyal persons. 

Mr. Drake moved that the ordinance be 
rejected, and, on his motion, demanded the 
ayes and noes; and the vote being taken, 
stood as folio vrs: 

Ayes — Messrs. Barr, Bonham, Budd, 
Bunce, Clover, Davis of Xodaway, Drake, 
Esther, Filley, Folmsbee, Fulkerson, 
Gamble, Gilbert of Lawrence, Henderson, 
Holdsworth, Holland, Hume, King, Leon- 
ard, Linton, McKernan, McPherson, Mack, 
Rankin, Strong, Sutton, Swearingen, Switz- 
ler, VVeatherby, Williams of Scotland, and 
Mr. President— 31 . 

Noes— Messrs. Dodson, Gilstrap, Hol- 
comb, Rohrer, Smith of Mercer, Smith of 
Worth, and Williams of Caldwell— 7. 

Absent with Leave — Messrs. Evans, 
Foster, Gilbert of Platte, Hughes, Hus- 
mann, Morton. Newgent, Nixdorf, St. 
Gem, and Thilenius — 10. 

Absent without Leave — Messrs. Adams, 
Bedford, Bush, Childress, Davis of New 
Madrid, D'Oench, Fletcher, Grammer, 
Green, Martin, Meyer, and Owens — 12. 

Sick— Messrs. Cowden, Ellis, Mitchell, 
and Peck — 4. 

So the ordinance was rejected. 

On motion of Mr. Drake, the article on 
Declaration of Rights, offered by him, was 
taken up. 

Mr. Williams of Scotland offered the fol- 
lowing amendment: 

Amend by striking out the ninth section, 
and inserting the following in lieu thereof: 
That all men have a natural and inde- 
feasible right to worship Almighty God ac- 
cording to the dictates of tlieir own con- 
sciences; that no person can, on account of 
his religious opinions, be rendered ineligible 
to any office of trust or pi-otit under' this 
State, nor be disqualilled as a witness; and 
that no person ought, by any law, to be mo- 
lested in his person or estate, on account of 
his religious persuasion or profession, or for 
his religious practice; unless, under the 
color of religion, he disturb the good ord(>r, 
or the peace" or safety of the State, or in- 
fringe the laws of morality, or injui-e others 
in tlieir natural, civil, or religious rights. 



On this question Mr. Williams of Scot- 
land demanded the ayes and noes; and the 
vote being taken, stood as follows: 

Ayes — Messrs. Davis of Nodaway, Mack, 
Rankin, Smith of Mercer, Smith of Worth, 
Strong. Switzler, Weatherby, and Williams 
of Scotland— 9. 

Noes— Messrs. Barr, Bonham, Budd, 
Bunce, Bush, Childress, Clover, Dodson, 
Drake, Esther, Fillej^, Folmsbee, Fulker- 
son, Gamble, Gilbert of Lawrence, Gil- 
strap, Henderson, Holcomb, Holdsworth, 
Holland, Hume, King, Leonard, Linton, 
McKernan, McPherson, Rohrer, Sutton, 
Swearingen, Williams of Caldwell, and Mr. 
President — 31. 

Absent with Leave —Messrs. Evans, 
Foster, Gilbert of Platte, Hughes, Hus- 
mann, Morton, Newgent, Nisdorf, St. Gem, 
and Thilenius — 10. 

Absent without Leave — Messrs. Adams, 
Bedford, Davis of New Madrid, D'Oench, 
Fletcher, Grammer, Green, Martin, Meyer, 
and Owens — 10. 

Sick — Messrs. Cowden, Ellis, Mitchell, 
and Peck — 4. 

So the amendment was rejected. 

Mr. Gilstrap offered the following amend- 
ment: 

Amend Bill of Rights by striking out the 
third section, and insert as follows: 

Sec. 3. That no person of African descent 
can be disqualified as a witness, in any case 
in which such persons shall be parties to the 
action, or the party or parties injured; nor 
disabled to contract, except in the case of 
marriage Avith white persons; nor prevented 
from acquiring, holding, and transmitting 
property . 

Pending Avhich, Mr. Bonham moved to 
adjourn; which motion was not agreed to. 

Mr. Drake moved the previous question, 
which was sustained. 

The question then recurring on Mr. Gil- 
strap's amendment, it was rejected. 

Mr. Drake moved that the article ou 
Declaration of Rights be engrossed for a 
third reading, and called lor the pre\ioiis 
question, which was sustained. 

The question being on the engrossment of 
the article on Declaration of Rights, intro- 
duced b}' Mr. Drake, Mr. Gilstrap de- 
manded the ayes and noes thereon; and the 
vote being taken, stood as follows: 

Ayes — Messrs. Bonham, Budd, Bunoe, 
Childress. Clover, Davis of Nodaway, Drake, 
Filley, Folmsbee, Fulkerson, Gamble, Gil- 
bert ' of Lawrence, Henderson, Holcomb, 
Holland. Hume, King. Leonard. McPluM-son, 
.Mack, Kunkin, Rohrer, Strong, Sutton, 
Swearingen, Weatherby, Williaius of Cald- 
well, AVillianis ot Scotland, and Mr. Presi- 
dent -29. 



218 



XoES— Messrs. Dodsou, Estlier, Gilstrap. 
LiiUoii, McKei'Dan, Smith of Mercer, and 
S^\'itzler — 7 . 

Absent with- Leave — Messrs. Evans, 
Foster. Gilbert of Platte, Hughes, Hiis- 
mann. Morton. Xewgent, Nixdorf, St. Gem, 
and Thileniiis — 10. 

SiCK—Messrs. Cowden, Ellis. Mitchell, 
and Peck — 4. 



I Absent without Leave — Messrs. Adams, 
; Barr, Bedford, Bush, Davis of Xew Madrid, 

D'Oench. Fletclier. Grammer. Green. Holds- 

Avorth, Martin, Mever, Owens, and Smith 

of Worth— 14. 
So the article was ordered to be engrossed 

for a third reading". 

On motion, the Convention adjourned 
until 9 o'clock to-morrow mornino;. 



SEA^EISTTY-THIRD D^Y. 



TUESDAY, Apeil 4th, 1865. 



Convention met pursuant to adjournment, 
the President in the chair. 

Mr. Smith of Worth offered the follow- 
ing resolution: 

Resolved^ That the President appoint a 
committee of nine, one from each con- 
gressional district, to prepare and report to 
this body, at an early day. an ordinance to 
protect the purity of the ballot-box. 

Mr. HoLDSwoRTH offered the follo^dng 
amendment to said resolution : 

Strike out "one from each congressional 
district,-' and msert ''the gentleman from 
Worth." 

The President declared the amendment out 
of order. 

Mr. Drake moved to lay the resolution on 
the table, and on this motion demanded the 
ayes and noes; and the vote being taken, 
stood as follows : 

Ayes— Messrs. Barr, Bonham, Budd, 
Bunce, Childress, Davis of Nodaway, Drake, 
Esther. Fiilkerson, Gilbert of Lawrence. 
Hendei'son, Holland, Hume, King, Leonard, 
McKernan, McPher.^on, Mack, Eankin, 
Strong , S utton , an d W eatherby— 22 . 

Noes — Mes.srs. Bedford, Bush, Dodson, 
D'Oench. Folmsbee. Holcomb, Holdsworth, 
Linton, Martin, Eohrer, Smith of Mercer, 
Smith of Worth, Swearingen, Switzler, 
Williams of Caldwell. Williams of Scotland, 
and Mr. President — 17. 

Absent with Leave — Messrs. Evans, 
Foster, Gilbert of Platte, Hughes, Hus- 
mann, Moiton, Newgeut, Nixdorf, St. Gem, 
and Thilenius— 10. 

Absent without Leave — Messrs. Adams, 
Clover, DaAis of IS^ew Madrid, Filiey, 
Fletcher, Gamble, Gilstrap. Grammer, 
Green, Meyer, and Owens — 11. 

Sick — Messrs. Cowden, Ellis, Mitchell, 
and Peck— 4. 

So the resolution was laid on the table. 



Mr. Bush offered the following amend- 
ment to the forty -fourth rule, which was 
read and laid over . 

Sec. 4. Amend the amended rule forty- 
fourth, by striking out the words • 'a major- 
ity of the members ' present, " and insert in 
lieu thereof ' 'a majority of all the members 
elected to the Convention. ' ' 

Mr. Budd, chairman of the Committee on 
Finance, made the following report, with 
accompanying article, which article was 
read the first and second time, laid oii the 
table, and ordered to be printed : 

supplementary report of committee ON' 

finance. 

The committee to whom was referred 
back the original draft of the article on State 
Indebtedness, together with a pending 
amendment before the Convention, have 
given the matter referred to them that con- 
sideration which the importance of the 
subject demands; and submit, for the con- 
sideration of the Convention, the following 
article on State Indebtedness. 

GEO. K. BUDD, Chah-man. 

article I. 

Railroad Indebtedness . 

Section 1. The Pacific Railroad Company 
and Southwest Branch , the North 3Iissouri 
Eailroad Company, the St. Louis and Iron 
Mountain Eailroad Company, are hereby 
required to pay an annual tax of ten per 
cent, on all their gross receipts for freight 
and passengers, except on transportation "for 
the government of the United States, and 
may" deduct out of the same the United 
States tax; and this tax often per cent, shall 
begin on the fii'st day of October, 1865, and 
be continued until the first day of October, 
1S67. and be paid quarterlv; and from and 
after the first of October, 1867, the said rail- 
road companies shaE i)ay an annual tax of 



219 



fifteen per cent, on their gross receipts, as 
aforesaid; said taxes to be paid fiiiartcrl.y. 
The money received from the tax aforesaid 
shall be paid into the State treasury, and 
shall be appropriated, by law, for tlie pur- 
pose of paying the interest coupons, and 
interest thereon, and principal of the bonds 
of the State, or guaranteed by the State, 
issued to the aforesaid railroad companies. 
The General Assembly shall provide, by 
law. tlie manner in which the said bonded 
indebtedness shall be paid from the money 
received from the tax on said roads. 

Sec. 2. Tiiis tax shall cease when the 
bonded indebtedness of the State, issued to 
the several railroad companies named in arti- 
cle first, is fuliy liquidated. 

Sec. 3. In the event of the Hannibal and 
St. Joseph Eailroad Company failing to pay, 
when due, the interest and principal of the 
State bonds issued to said company, then 
the tax levied on the railroads named in sec- 
tion one sliall be levied and collected from 
the Hannibal and St. Joseph Railroad Com- 
pany . 

Sec. 4. In the event of any railroad com- 
pany, hereinbefore named, failing to pay the 
tax imposed, then it shall be the duty of the 
Governor to advertise for sale the raih'oad 
delinquent in paying the tax; and the Gov- 
ernor may sell the railroad to third parties, 
or he may purchase the railroad for the State, 
if he deems it expedient lor the interest of 
the State. 

Skc. 5. In the event of the railroads 
being sold, and purchased by third parties, 
and tlie bonded indebtedness of the State 
shall continue, then a tax of one-quarter of 
one per cent, on all the real and personal 
property of the State, taxable by law, shall 
be levied and collected, until the whole 
bonded indebtedness of the State shall be paid. 

Sec . 6 . It shall be the duty of the collectors 
of taxes of the several counties to receive tor 
taxes, when tendered, twenty-five per cent. , 
in defense warrants, of all taxes due, or 
hereafter to become due, except taxes set 
apart to pay the military debt of the State; 
and this twenty-five per cent, in defense 
warrants shall be received until all the defense 
warrants shall be liquidated. 

Mr. BoNHAM offered the following ordi- 
nance, wiiich Avas read the first and second 
time, and laid over under the rule: 

ORUINANOB FOR PAYING MEMBERS, OFFICERS. 
AND OTHERS, OF THE MISSOURI STATE CONVEN- 
TION. 

Be it ordained by the Peojde of Missouri^ in 

Convention asnenibled. : 

SkctionI. There is hereby appropriated. 
out of any money in the Stale treasury not 
otherwis;> appropriated, twenty thoiisand 
dollars, for the payment of nuMiib'crs. otHcei-s, 
and others, of the'Missouri Slate Convention. 

Sec. 2. The State tieasurer is hereby 
authorized to pay to Ferdinand IMeyer, 
chairman of the Committee on Accounts of 



this Convention, said twenty thousand dol- 
lars, talviiuc his receipt thei'elor. 

Sec. 3. The auditor of the State is hereby 
authorized to audit the accounts of Ferdinand 
]?>ieyer, a member of this Convention, for all 
money's paid to members, ofiiceis, and 
otliers, and report the action of this Conven- 
tion to the Legislature, at its session to be 
held in November, 1865. 

Mr. Strong, from the Engrossing Com- 
mittee, reported back the article on Declara- 
tion of Eights, as truly engrossed. 

Ml'. Stron^g, from the Engrossing Com- 
mittee, reported back the article on the 
Mode of Amending the Constitution, as 
truly engrossed . 

Mr. Drake moved that the article on 
Declaration of Rights be taken up ; on which, 
motion he demanded the previous question, 
which was sustained . 

The question then being on the adoption 
of the Declaration of Rights, Mr. Drake 
demanded the ayes and noes thereon ; and the 
vote being taken, stood as follows: 

Ayes — Messrs. Barr, Bonham, Budd, 
Bunce, Bush, Childress, Davis of Nodaway, 
Drake, Esther, Filley, Folmsbee, Fulkerson, 
Gilbert of Lawrence, Henderson. Holds- 
worth, Holland, Hume, King, Leonard, 
McPherson, Mack, Martin, Meyer, Eankin, 
Strong, Sutton, Swearingen, Weatherby, 
Williams of Caldwell, Williams of Scotland, 
and Mr. President — 31. 

Noes — Messrs Dodson, D'Oench, Linton, 
McKernan, Rohrer, Smith of Mercer, Smith 
of Worth, and Switzler~8. 

Absent with Leave — Messrs. Evans, 
Foster, Gilbert of Platte, Hughes, Hus- 
mann. Morton, Newgent, Nixdorf, St. Gem, 
and Thilehius — 10. 

Sick — Messrs. Cowden, Ellis. Mitchell, 
and Peck— 4. 

Absent without Leave — Messrs. Adam;?, 
Bedford, Clover, Davis of New Madrid, 
Fletcher, Gamble, Gilstrap, Grammer, 
Green, Holcomb, and Owens — 11. 

So the article was adopted, and, under the 
rule, referred to the Revising Committee. 

Mr. Drake moved to take up the article 
on the Mode of Amending and Revising the 
Constitution, which was agreed to. 

Mr. Bush offered the following amend- 
ment thereto, Avhich was adopted : 

Amend by striking out, in section tliree, 
in lines fourteen and' fifteen, the words *'oii 
the fourth Wednesday succeeding their elec- 
tion;" and insert, inline fifteen. ■Ai'tov the 
word ^'such," the words '-time and:" and 
by striking out, in line sixtiHMi, the w ords 
''in such manner as they may determine 
upon . ' • 



220 



Mr. Bush offered the following amend- 
ment, which was rejected: 

Amend further by striking out the words 
"not less than sixty nor more than ninety 
days after that on w^hich it shall have been 
adopted by the Convention, ' ' in lines nine- 
teen and twenty. 

Mr. Drake moved the adoption of the 
article on the Mode of Amending the Con- 
stitution. 

On this motion Mr. Barr demanded the 
ayes and noes; and the vote being taken, 
stood as follows: 

Ayes — Messrs. Barr. Bonham, Budd, 
Bunce, Bush. Clover, Davis of Xodaway, 
Dodson, Drake, Esther, Filley, Folmsbee, 
Fulkerson, Gilbert of Lawrence, Hender- 
son, Holcomb, Holdsworth, Holland, Hume, 
King, Leonard, McKeruan, McPherson, 
Mack, Martin, Meyer, Eankin, Rohrer, 
Smith of Mercer, " Strong, Swearingen, 
Switzler, TVeatherby, Williams of Caldwell, 
and Williams of Scotland — 35. 

Noes — None. 

Absent with Leave — Messrs. Evans, 
Foster, Gilbert of Platte, Hughes, Hus- 
mann, Morton, Newgent, ISixdorf. St. 
Gem, Thilenius, and Mr. President — 11. 

Absent without Leave — Messrs. Adams, 
Bedford, Childress, Davis of New Madrid, 
D'Oench, Fletcher, Gamble, Gils trap, 
Grammer, Green, Linton, Owens, Smith 
of Worth, and Sutton — 14. 

Sick— Messrs. Cowden, Ellis, Mitchell, 
and Peck — 4. 

So the article was adopted, and, under the 
rule, referred to the Revising Committee. 

Mr. Drake moved to take up the article 
on the Judicial Department, which was 
agreed to . 

Mr. Strong offered the following amend- 
ment thereto, which was adopted: 

Amend section eighteen by inserting, after 
the word ' 'been, ' ' in the fifth line of page 
eighth, engrossed bill, the following words: 
"a citizen of the United States five years, 
and." 

Mr. Drake offered the following amend- 
ment, which was adopted: 

Amend section three by inserting the word 
' 'other' ' before the word ' 'original. ' " 

Mr. Drake offered the following amend- 
ment, which was adopted: 

Amend page six, line eighteen of said 
page, by mserting, after the Avord ' 'judges, ' ' 
the words "of the circuit court of the county 
of St. Louis." 

Mr. Smith of Mercer offered the following 
amendment: 

Amend section fourteen by striking out 
the words ' ' not exceeding sixteen . ' ' 



On this question Mr. Bonham demanded 
the ayes and noes ; and the vote being taken , 
stood as follows : 

Ayes — ^IMessrs. Barr, Bunce, Bush, Chil- 
dress, Clover, Dodson, Drake, Esther, 
Folmsbee, Fulkerson, Gilbert of Lawrence, 
Henderson, Holcomb, Holdsworth, Hol- 
land, Hume, King, Linton, McKernan, 
McPherson, Mack, Meyer, Rankin, Smith 
of Mercer, Swearingen, Switzler, and Wil- 
liams of Caldwell— 27. 

Noes — Messrs. Bonham, Budd, Da^is of 
Nodaway, Martin, Strong, Weatherby, and 
Williams of Scotland— 7. 

Absent with Leave — Messrs. Evans, 
Foster, Gilbert of Platte, Hughes, Hus- 
mann, Morton, Newgent, Nixdorf, St. Gem, 
Thilenius, and Mr. President— 11 . 

Absent without Leave — Messrs. Adams ,- 
Bedford, Davis of New Madrid, D'Oench, 
Filley, Fletcher, Gamble, Gilstrap, Gram- 
mer, Green. Leonard, Owens, Rohrer, 
Smith of Worth, and Sutton — 15. 

Sick — Messrs. Cowden, Ellis, Mitchell, 
and Peck — 4. 

So the amendment was adopted. 

On motion of Mr. Gilbert of Lawrence, 
the Convention adjourned until half-past '2 
o'clock P. M. 



AFTERNOON SESSION. 

Convention met pursuant to adjournment, 
the President in the chair. 

Mr. Drake, chairman of the Revising 
Committee, presented the following report: 

Mr. President: The Revising Commit- 
tee, to whom was referred the article entitled 
Declaration of Rights, beg leave to report 
the same back without amendment. 

CD. DRAKE, Chairman. 

Which was read and adopted. 

Mr. Drake, chairman of the Revising 
Committee, presented the following report: 

Mr. President: The Revising Commit- 
tee, to whom was referred the article on the 
Mode of Amending and Revising the Consti- 
tution, beg leave to report the same back 
without amendment. • 

CD. DRAKE, Chairman, 

Which was read and adopted. 

Mr. Drake moved that the article on 
Judicial Department be enrolled as a part of 
the Constitution. 

On which motion Mr. Bonham demanded 
the ayes and noes ; and the vote being 
taken, stood as follows: 

Ayes— Messrs. Bedford, Bunce, Childress, 
Clover, Davis of Nodaway, Dodson, Drake, 
Esther, Filley, Fulkerson, Gilbert of Law- 
rence, Henderson, Holcomb, Holdsworth, 



221 



Holland, Hume, King, McKernan, Mc- 
Pherson, Mack, Martin, Rankin, Sntton, 
Swearingen, Weatherby, and Williams of 
Scotland— 26. 

NoKS — Messrs. Bonham, Smith of Worth, 
and Mr. President — 3. 

Absent with Leave — Messrs. Evans, 
Foster, Gilbert of Platte, Hughes, Husmann, 
Morton, Newgent, St. Gem, and Thi- 
lenius — 9. 

Absext without Leave — Messrs. Adams, 
Barr, Budd, Bush, Davis of New Madrid, 
D'Oench, Fletcher, Folmsbee, Gamble, 
Gilstrap, Grammer, Green, Leonard, Lin- 
ton, Meyer, Nixdorf, Owens, Rohrer, Smith 
of Mercer, Strong, Switzler, and Williams 
(rf" Caldwell— 22. 

Sick — Messrs. Cowden, Ellis, Mitchell, 
and Peck — 4. 

No quorum being present, Mr. Drake 
moved a call of the house, which was or- 
dered, and the following members responded 
to their names : 

Messrs. Bedford, Bonham, Bunce, Chil- 
dress, Clover, Davis of Nodaw^ay, Dodson. 
Drake, Esther, Filley, Fulkerson, Gilbert 
of Lawrence, Henderson, Holcomb, Holds- 
worth, Holland, Hume, King, McKernan, 
McPherson, Mack, Martin, Rankin, Swear- 
ingen, Weatherby, Williams of Scotland, 
and Mr. President— 27. 

Absent with Leave — Messrs. Evans, 
Foster, Gilbert of Platte, Hughes, Hus- 
mann, Morton, Newgent, St. Gem, and 
Thilenius — 9. 

Absext without Leave — Messrs. Adams, 
Barr, Budd, Bush, Davis of New Madrid, 
D'Oench, Fletcher, Folmsbee, Gamble. 
Gilstrap, Grammer, Green, Leonard, Lin- 
ton, Meyer, Nixdorf, Owen, Rohrer, Smith 
of Mercer, Smith of Worth, Strong, Sut- 
ton, Switzler, and Williams of Caldwell — 24. 

Sick— Messrs. Cowden, Ellis, Mitchell, 
and Peck — 4. 

Members having come in, and a quorum 
being present, on motion of Mr. Mack, 
further proceedings under the call were dis- 
pensed with. 

Mr. Drake moved that the article on the 
Judicial Department be enrolled as a part of 
the Constitution. 

On this motion Mr. Bonham demanded 
the ayes and noes ; and the vote being taken , 
stood as follows : 

Ayes— Messrs. Barr, Bedford, Budd, 
Bunce, Childress, Clover, Davis of Nodawav, 
Dodson, Drake, Esther, Filley, Folmsbee, 
Fulkerson, Gilbert of Lawrence, Ilenderson. 
Holcomb, Holdsworth, Holland, Hume, 
King, liinton, McKernan, McPherson, Mack, 
Martin, Rankin, Rohrer, Sutton, Swear- 
ingen, Weatherby, Williams of Caldwell, 
and Williams of Scotland— 32. 

Noes- Messrs. Bonham, Smith of Worth, 
and Ml-. President— 3. 



Absent with Leave — Messrs. Evans, 
Foster, Gilbert of Platte, Hughes, Husmann, 
Morton, Newgent, St. Gem, and Thilenius 
—9. 

Absent without Leave — Messrs. Adams, 
Bush, Davis of New Madrid, D'Oench, 
Fletcher, Gamble, Gilstrap, Grammer, 
Green, Leonard, Meyer, Nixdorf, Owens, 
Smith of Mercer, Strong, and Switzler — 16. 

Sick — Messrs. Cowden, Ellis, Mitchell, 
and Peck — 4. 

So the article was ordered to be enrolled 
as a part of the Constitution. 

Upon motion of Mr. Smith of Worth, the 
article on Education, with pending amend- 
ments thereto, was taken up. 

Mr. Gilbert of Lawrence offered the 
following amendment: 

Add to section seventh the following: 
Nothing herein contained shall be so con- 
strued as to prohibit those counties, town- 
ships, and school districts, now depopulated 
in consequence of the present rebellion, from 
receiving their share of the public school 
funds, when they shall have been reinhab- 
ited, that may be due them since the year 
1861. 

Which was disagreed to . 
Mr. Smith of Worth offered the following 
amendment: 

Strike out all after the word "for" in 
fourth line of the eighth section . 

On this amendment Mr. Holcomb de- 
manded the ayes and noes; and the vote 
being taken, stood as follows: 

Ayes— Messrs. Barr, Bush, Dodson, Ful- 
kerson, Gilbert of Lawrence, Holcomb, 
Holdsworth, Leonard, Linton, 31artin, 
Rohrer, Smith of Mercer, Smith of Worth, 
Swearingen, Williams of Caldwell, and Wil- 
liams of Scotland — 16. 

Noes — Messrs. Bonham, Budd, Childress, 
Clover, Davis of Nodaway, Drake. Esther, 
Filley, Folmsbee, Henderson, Holland, 
Hume, King. McKernan, McPherson, Mack, 
M-ej^er, Raidvin, Strons:. Sutton, Switzler. 
Weatherby, and Mr. President— 23. 

Absent with Leave— Messi's. Evans, Fos- 
ter, Gilbert of Platte, Hughes, Husmann, 
Morton, Newgent, St. Gem, and Thilenius 
—9. 

Absent without Leave— Me^^sr^. Adams, 
Bedford. Bunce, Davis of New .^Lulrid, 
I)'0(Mich, Fletcher, Gamble, Gilstrap, 
Grannner, Green, Nixdorf, and Owens— 12. 

Sick— Messrs. Cowden, Ellis, Mitchell, 
and Peck — 4. 

So the amendment was disagreed to. 
Mr. Holdsworth olVered tlie following 
amendment: 

Amend section eight by strikino- out, in 
line one, after the word' ' -shall,'* ' to the 
word "reduce," in line two: and after the 



222 



word '"for," in line four, to tlie word 
* 'and, ' ' in line seven. 

On Avliich Mr. Smith of \Yortli demanded 
the ayes and noes; and the vote being taken, 
stood as follows: 

Ayes — Messrs. Barr, Dodson, Foimsbee, 
Holdsworth, Leonard. Rolirer, Smitb of 
Worth. ~\\^eatherby, Williams of Caldwell, 
and Williams of Scotland — 10, 

Noes — Messrs. Bonham, Badd, Bnnce, 
Bush, Childress, Clover, Davis of IS[oda- 
way, Drake, Ellis, FiUey, Falker-*on, G-d- 
bert of Lawrence, Henderson, Holconib, 
Holland, Hume, Kino-, Linton, McKernan, 
McPherson, Mack, Meyer. Rankin, Strong, 
Sutton, Swearingen, Switzlcr, and Mr. 
President — 28. 

Absent with Leave — Messrs, Evans, 
Foster. Gilbert of Platte, Hughes, Hus- 
mann, Martin, Morton, Xewgent, St. Gem, 
and Thilenius — 10. 

Absent without Leave — Messrs. Adams, 
Bedford, Davis of New Madrid, D'Oench, 
Fletcher. Gamble, Gil strap, Grammer, 
Green, Mxdorf, Owens, and Smith of Mer- 
cer— 12. 

Sick— Messrs. Cowden, Ellis, Mirehell, 
and Peck — 4 . 

So the amendment was rejected. 

Mr. Smith of ^Vorrh oliered the following 
amendment, which was disagreed to: 

Strike out ' 'sixteen, ' ' in the seventh line 
of the seventh section, and insert "thirtv- 
two." 

Mr. Smith of Worth ottered the following 
n amendment, which was disagreed to: 

Strike out the word "four," and insert 
' 'two. ' ' in the sixth line of the third section. 

Mr. Bush offered the following amend- 
ment, which was disagreed to: 

Amend section six by striking out, in lines 
three, four, five, and six, all between the 
Avord ' 'corporation, ' ' in third line, and the 
words "the proceeds, ' ' in seventh line. 

Mr. Smith of Worth offered the following 
amendment, which was read: 

Amend section eight, in line six, after the 
word "county," by inserting "except 
swamp and overflowed lands, and the pro- 
ceeds thereof. ' ' 

On this amendment, Mr. Smith of Worth 
demanded the ayes and noes; and the vote 
being taken, stood as follows: 

Ayes— Messrs. Barr, Dodson, Foimsbee, 
Holcomb, Holdsworth, Leonard, Smith of 
Worth, Swearingen, and Williams of Cald- 
well— 9. 

Noes — Messrs. Bonham, Budd, Bunce, 
Bush. Childress, Clover, Davis of Nodaway, 
Drake, Esther, Fulkerson, Gilbert of Law- 
rence, Henderson, Holland, Hume, King, 



Linton, McKernan, McPherson, Mack, 
Martin, Rankin, Rohrer. Strong, Sutton, 
Switzlcr, Weatherby. and Mr. President — 27. 

Absent v.^th Leave — Messrs. Evans, 
Foster, Gilbert of Platte, Hughes, Hus- 
mann, Morton, Newgent, St. Gem, and 
Thilenius— 9. 

Absent without LeaVe — l^Iessrs. Adams, 
Bedford, Davis of New Madrid, D'Oench, 
Filley. Fletcher, Gamble, Gilstrap, Gram- 
mer.' Green, Me.ver. Nlxdorf, Owens, Smith 
of Mercer, and Williams of Scotland — 14. 

Sick— :\re^srs. Cov/den, Ellis, Mitchell, 
and Peck — 4. 

So the amendment was rejected. 

Mr. Bonham moved that the article on 
Education be engrossed for a third reading, 
and on that motion demanded the i^revious 
question, which was sustained. 

Tlie quGstion then being on the motion to 
engross, Mr. Bonham demanded the ayes 
and noes thereon; and the vote being taken, 
stood as follows: 

Ayes— Messrs. Bonham, Budd, Bunce, 
Childress, Clover, Davis of Nodaway, Drake, 
Esther, Foimsbee, Fulkerson, Gilbert of 
Lawrence. Henderson, Holland. Hume, 
King, McKernan, McPherson, Mack, Pan- 
kin,' Strong, Sutton, Weatherby, and Mr. 
President — 23. 

Noes — Messrs. Barr, Bash, Dodson, 
Holcomb, Holdsworth, Leonard, Linton, 
Martin, Eohrer, Smith of Worth, Swearin- 
gen, Swdtzler, and Williams of Scotland — 13. 

ABS12NT with Leave — Messrs. Evans, 
Foster, Gilbert of Platte, Hughes, Hasmann, 
Morton, Newgent, St. Gem, and Thilenius 
—9. 

Absent without Leave — Messrs. Adams, 
Bedford, Davis of New Madrid, D'Oench, 
Filley, Fletcher, Gamble, Gilstrap, Gram- 
mer, "Green, Meyer, Nixdorf, Owens, Smith 
of Mercer, and Williams of Scotland — 15. 

Sick— Messrs. Cowden, Ellis, Mitchell, 
and Peck — 4. 

So the article was ordered to be engrossed. 

Mr. Strong, from the Committee on 
Engrossment, reported the article on Im- 
IDeachments as truly engrossed; which report 
was received and adopted . 

Mr. Drake, chairman of the Re^dsing 
"Committee, made the following report: 

Mr. President: The Revising Committee, 
to whom was referred the ai'ticle on the 
Legislative Department, beg leave to report 
the same back without amendment. 

CD. DRAKE, Chairman. 

Mr. Smith of Worth offered the follow- 
ing amendment to said article : 

Amend, by way of rider, by striking out 
section twenty-eight. 



223 



The question being' on the amendment 
offered by Mr. SmiUi of Worth, he demanded 
the ayes and noes thereon; and the vote 
being taken, stood as follows: 

Aye> — Mes.irs. Sonde rson. Smith of 
Worth, Weatherby, Williams of Caldwell, 
and Mr. President — 5. 

XoES — Messrs. Barr, Bojiham, Bndd, 
Bunee, Bash. Childress, Clover, Davis of 
Nodaway, Dodson, Di-alve, Estlier, Folms- 
bee, Fuikerson, Gilbert of Lawrence, Hol- 
comb, Hoidsworth, Holland, Hume, King", 
Leonard, Lint.on, McKernan, MePherson, 



Meyer, Ranlvin, liohrer, 
Swearlnscen, and Switz- 



Mack, Martin, 
Strono', Sutton 
ler— 32. 

Absent with Leave — Messrs. Evans, 
Foster, Gilbert of Platte, Huo-hes, Hnsmann, 
Morton, Newgent, St. Gem, and Thile- 
nius — 9. 

Absent without Leave — Messrs. Adams, 
Bedford. Davis of New Madrid, D'Oench, 
Filley, Fletcher, Gamble, Gilstrap, Gram- I 
mer,"^ Green, Nixdorf, Owens, Smith of I 
Mercer, and Williams of Scotland— 14. | 

Sick— Messrs. Cowden, Ellis, Mitchell, j 
and Peck — L j 

So the amendment was rejected. 

Mr. S:\iiTH of Worth offered the follow- j 
ino- amendment, which was disao-reed to: i 

Amend, hy way of rider, by striking out j 
section twenty-nine . j 

Mr. Smith of Worth offered the follow- j 
ing amendment, which was disagreed to: I 

Amend, by v\^ay of rider, section twenty- 
nine, by striking' out the tollovs^ing words: j 
' 'a territory of less than live iiundred square i 
miles, or with. ' ' j 

Mr. Drake moved that the article on i 
Legislative Department be enrolled as a i 
part of the Constitution, on which he j 
demanded the ayes and noes; and the vote 
being taken, stood as follows: 

Ayes — Messrs. Barr, Bonham, Budd, 
Bunce. Childress, Clover, Davis of Noda- 
way, Dodson, Drake, Esther, Folmsbee, 
Fuikerson, Gilbert of Lawi-ence, Henderson, 
Hoidsworth, Hume, King, Leonard, McKer- 
nan, MePherson, Mack',' Martin, Rankin, 
Strong, Sutton, Swearingen, Weatherby, 
and Williams of Caldwell— 28. 

Noes— Messrs. Bush, Holcomb, Holland, 
Linton, Meyer, Rolu'cr, Smith of Worth, 
Switzler, anVl Mr. Presidcnrt— 9 . 

Absknt with Leave — Messrs. Evans, 
Poster, Gilbtu't of Platte, Hughes, Hus- 
mann, Morton, Newgent, St.' Gem, and 
Tliilenius— 9. 

Absent without TjK av k — Mc^^^srs . A dams, 
Bedford. Davis of New Machid, D'Oen.ch, 
Filley, FU'tcher, Gambl(\ Gilstrap, (tram- 
mer. Green, Nixdorf, Owens, Smith of 
Mercer, and Williams of Scotland— 14. 

Sick— Messrs. Cowden, Ellis, M:itchcll, 
and Peck — i. 



So the article was ordered to be enrolled 
as a part of the Constitution. 

Mr. Drake, chairman of the Revising 
Committee, made the following report: 

Mr. President: The Revising- Commit- 
tee, to whom was referred the ai-ticle on the 
Judicial Department, beg leave to report the 
same back without amendment. 

CD. DRAKE, Chrdrmrm. 

Which report was read and adopted. 

Mr. Drake moved that the article be read 
a third time and put upon its final passage, 
which was agreed to, and the article ordered 
to be enrolled as a part of the Constitution . 

Mr. Drakk, chairman of the Revising 
Committee, presented the following report: 

Mr. President: The Revising Commit- 
tee, to whom was referi-ed the article on 
Impeachments, beg leave to report the same 
back without amendment. 

CD. DRAKE, Chairynan. 

Which report was read and adopted. 

Mr. Strong, from the Committee on 
Engrossment, reported back the article on 
Banks and Corporations as truly engrossed. 

Mr. Drake offered the following amend- 
ment to said article: 

Amend section one, line five, by striking 
out the word ' 'Legislature, ' ' and inserting 
in lieu thereof the words ' ' General xVssem- 
biy." 

Which was adopted. 

On motion of Mr. Drake, the article on 
Banks and Corporations was read the third 
time, adopted, and ordered to be referred, 
under the rule, to the Revising Committee. 

On motion of Mr. Bonham, the ordinance 
offered by him this forenoon was called up, 
and he presented the following substitute 
therefor: 

AN ordinance for PAYING THE OFFICERS. 
MEMBERS. AND OTHERS, OF TUE MISSOURI 
STATK CONVENTION. 

Be it Grdained by the People of the State of 
Missouri^ i'u Convention a.'tsembled , as fol- 
loivs : 

1. That there be, and is hereby, appro- 
priated, out of any money in the treasury of 
tin's Str.te, the sum of twenty thousand dol- 
lars, for tlk; paynient of members, and all 
other (expenses, of the Missouri State Con- 
vention. 

2, The State treasurer is hereb}' required 
and ;mt!iorized to pay to the chairman of 
the Committee on Accounts (Mr. Ferdinand 
Meyer) the aforesaid sum of twenty t1u->usand 
dolhirs, and to take Ins receii^t therefor; and 
the Committee on Accounts shall auvlit all 
indebtedness incurred by this Convention; 



224 



and if any debts should remain unpaid after 
the above appropriation is exhausted, then 
the General Assemblj', at its next session, 
shall provide for the full and complete pay- 
ment of the same. 

3. The auditor of public accounts is re- 
quired and authorized to audit the accounts 
of the Committee on Accounts, and make 
full settlement with them, paying them the 
per diem and mileag-e now allowed to a 
member for all nece'ssary time occupied, 
and journeys made, after the close of this 
Convention. 



Mr. Bush offered the following amend- 
ment, which was read: 

Amend section one by inserting, after the 
words "treasury of the State," the words 
' 'not otherwise appropriated. ' ' 

Which was disagreed to. 

On motion of Mr. Boxham, this ordinance 
was ordered to be engrossed for a third 
reading. 

On motion of Mr. Drake, the Conven- 
tion adjourned until 9 o'clock to-morrow 
morning-. 



SE^EN^TY-FOURTH D^Y. 



WT:DNESDAY. April 5th. 1865. 



Convention met pursuant to adjournment, 
the President in the chair. 

Prayer by the Rev. Mr. Armstrong. 

Mr. Bush called up his proposed amend- 
ment to the standing rule number forty-four, 
offered yesterday. 

Mr. Drake moved the previous question, 
which was sustained. 

The question then being on adopting the 
amendment of Mr. Bush to the forty-fourth 
standing rule, Mr. Bush demanded the ayes 
and noes thereon; and the vote being taken, 
stood as follows : 

Ayes — Messrs. Bedford, Bush, D'Oench. 
Evans, Gilstrap, Green, Holcomb, Holds- 
worth. Linton, Martin, Meyer. Rohrer, 
Smith of Mercer, Smith of Worth, Switzler, 
and Mr. President — 16. 

Noes — Messrs. Barr. Bonham. Budd. 
Bunce, Childress, Davis of Nodaway, Dod- 
son, Drake, Esther, Filley. Folmsbee, Ful- 
kerson. Gamble, Gilbert of Lawrence, Hen- 
derson, Holland. Hume, King, Leonard, 
McKernan, McPherson, Mack, Rankin, 
Strong. Sutton, Swearingen, Weatherby, 
Williams of Caldwell, and Williams of Scot- 
land— 29. 

Absext with Leave — Messrs. Foster, 
Fletcher, Gilbert of Platte, Hughes, Hus- 
mann, Morton, Newgent, St. Gem, and 
Thileniiis — 9. 

Abse XT without Leave — Messrs. Clover, 
Davis of New Madrid, Grammer, Nixdorf, 
and Owens — 5. 

Sick — Messrs. Adams, Cowden, Ellis, 
Mitchell, and Peck — 5. 

So the amendment of Mr. Bush to the 
forty-fourth standing rule was not adopted. 

Mr. Switzler moved that leave of absence 
be granted to Mr. Owens, on account of hold- 



ing court in his circuit, which was not 
I granted. 

i Mr. Drake, chairman of the Revising 
j Committee, offered the following report: 

I Mr. President: The Revising Commit- 
! tee, to whom was referred the' article on 
Banks and Corporations, beg leave to report 
tlie same back without amen'dment. 

CD. DRAKE, Chairman. 
On motion of Mr. Drake, the article on 
I Banks and Corporations was ordered to be 
i enrolled as a part of the Constitution. 
i Mr. Drake moved that the vote by which 
\ the article on the Legislative Department was 
I ordered to be enrolled as a part of the Con- 
■ stitution, be reconsidered, which motion was 
\ agreed to . 

I Mr. Drake offered the following amend- 
: ment, hy way of rider, which was read the 
first and second time, and adopted: 
I Amend, hy way of rider, on page three, 
I line four, b.v inserting, between the word 
, • ' each ' ' and the w^ord • • Senators , ' ' the 
I word and figure "section 7. " 
I Mr. Drake offered the following amend- 
; ment, b.v way of rider, which was read the 
! first and second time, and adopted: 

Amend. \)j way of rider, on page eight, 
lines seventeen and eighteen, by striking 
j out the words "after the first day of July, 
! one thousand eight hundred and sixty-five." 
j Mr. Linton offered the following amend- 
! ment, by way of rider, wiiich was read tlw 
i first time : 

j Amend section thirty-five, by way of 
j rider, by inserting, after the words "public 
i schools,*" the words "orphan asylums 
1 and graveyards . ' ' 



225 



Mr. Strong objected to the second read- 
ing of the amendment; on which motion 
Ml'. Drake demanded the previous ques- 
tion, wliich was sustained by the Conven- 
tion. 

The question then being on the rejection 
of the amendment offered by Mr. Linton, 
Mr. Linton demanded the ayes and noes 
thereon; and the vote being taken, stood as 
follows : 

Ayes — Messrs. Bonham, Budd, Bunce, 
Childress, DaAds of Nodaway, Drake, 
Folmsbee, Fulkerson, Holds worth. King, 
Leonard, McPherson, Mack, and Strong — 14, 

Noes — Messrs. Barr, Bedford, Bush, Dod- 
son, D'Oench, Esther. E\ans, Fillejs Gam- 
ble, Gilbert ot Lawrence, Gilstrap, Hender- 
son, Holcomb, Holland, Hume, Linton, 
McKernan, Martin, Meyer, Eohrer, Smith 
of Mercer, Sutton, Swearingen, Switzler, 
Weatherby, Williams of Caldwell, and Mr. 
President— 27. 

Absent with Leave — Messrs. Foster, 
Fletcher, Gilbert of Platte, Hughes, Hus- 
mann, Morton, Newgent, St. Gem, and 
Thilenius — 9. 

Absent without Leave — Messrs. Clover» 
Davis of New Madrid, Grammer, Green, 
Nixdorf, Owens, Rankin, Smith of Worth, 
and Williams of Scotland — 9 . 

Sick — Messrs. Adams, Cowden, Ellis, 
Mitchell, and Peck— 5. 

So the amendment was not rejected, and it 
was read a second time. 

Mr. Drake moved the previous question, 
which was sustained. 

The question then being on the adop- 
tion of the amendment offered by Mr. Lin- 
ton, which had been read the first and 
second time, Mr. Pohrer demanded the 
ayes and noes; and the vote being taken, 
stood as follows : 

Ayes — Messrs. Barr, Budd, Childress, 
Davis of Nodaway, Dodson, D'Oench, 
Drake, Esther, Evans, Filley, Fulkerson, 
Gamble, Gilbert of Lawrence, Henderson, 
Holcomb, Holland, Linton, McKernan, 
Mack, Martin, Meyer, Rankin, Rohrer, 
Smith of Mercer, Sutton, Swearingen, 
Switzler, Weatherby, and Williams of Cald- 
well— 29. 

Noes — Messrs . Bonham , Folmsbee , 
Hohlsworth, Hume, King, McPherson, 
Strong, and Williams of Scotland— 8. 

Absext with Leave — Messrs. Foster, 
Fletcher, Gilbert of Phvtte, Hughes, Hus- 
mann, Morton, Newgent, St. Geui, Tliile- 
nius, and Mr. President— 10. 

Absent without IjEave— ^Lessrs. Bed- 
ford, Bunco, Bush, Clover, Davis of New 

N 



Madrid, Gilstrap, Grammer, Green, Leon- 
ard, Nixdorf, Owens, and Smith of Worth 
—12. 

Sick — Messrs. Adams, Cowden, Ellis, 
Mitchell, and Peck — 5. 

So the amendment of Mr. Linton was no t 
adopted ; not having received the votes of a 
majority of all the members elected to the 
Convention, as required by the third section 
of the forty-fouith rule. 

Mr. Drake moved that the article on 
Legislative Department be enrolled as a 
part of the Constitution ; on which motion he 
demanded the previous question, which was 
sustained . 

The question then being, ' 'Shall this arti- 
cle be enrolled as a part of the Constitu- 
tion?' ' it was decided in the affirmative, and 
the article was ordered to be so enrolled. 

Mr. Strong, chairman of the Committee 
on Engrossing, offered the following report: 

The Committee on Engrossed Articles 
respectfully report that they have examined 
the article entitled Executive Department, 
and find it correctly engrossed. 

GEO. P. SteONG, Chairman, 

Mr. Drake offered the following amend- 
ment to said article, which was adopted: 

Amend hj striking out section twenty- 
two. 

Mr. Drake offered the following amend- 
ment to said article , which was adopted : 

Amend, on pao'e six, by striking out sec- 
tion twenty, antl inserting in lieu thereof the 
following: 

Sec. 20. The Secretary of State shall be 
Vcid custodian of the seaf of State, and shall 
authenticate therewith all official acts of the 
Governor, his approbationof laws excepted. 
The said seal shall be called "The Great 
Seal of the State of Missouri," and the 
emblems and devices thereof, heretofore pre- 
scribed by law, shall not be subject to 
change . 

Mr. Drake offered the following amend- 
ments to said article, which were adopted: 

Amend, on page seven, line seven, by 
striking out the word "vacancies," and 
insert hi lion thereof the words "a vacancy 
shall;" and by striking out of lines eiglit 
and nine the words "or other tribiuial 
charged with the transnction of county 
business;" and by striking out of lines eleven 
and twelve the words "or other tribunal:" 
and by striking out of line fifteen the words 
"or other tribunal as aforesaid;" and by 
striking out of line nineteen the words "or 
other tribnnnl:" and on page eight, line 
four, bv striking out tlie wonis ••but" and 
"such!" 



226 



On motion of Mr. Drake, the article on 
Executive Department was read the third 
time, adopted, and ordered to be referred to 
the Ke vising Committee. 

Mr. Drake ofl'ered the following- report: 

Mr. President: The Revising Commit- 
tee, to whom was referred the article on 
Executive Department, beg leave to report 
the same back without amendment. 

CD. DRAKE, -Chairman. 

Mr. DR.iiCE moved that the article on Ex- 
ecutive Department be enrolled as a part of 
the Constitution, on which motion Mr. Hol- 
COMB demanded the ayes and noes; and the 
vote being taken, stood as follows: 

Ayes — Messrs. Barr, Bonhani, Budd, 
Bunce, Childress, Clover, Davis of JSTodaway, 
Dodson, D'Oench, Drake, Esther, Evans, 
Filley, Folmsbee, Fiilkerson, Gamble, Gil- 
bert of Lawrence, Holcomb, Holland, Hume, 
Leonard, McKernan, McPherson, Mack, 
Rankin, Smith of Mercer, Strong, Swear- 
ingen, Weatherby, Williams of Caldwell, 
and Williams of Scotland— 31 . 

Noes — Xone. 

Absent with Leave — Messrs. Foster, 
Fletcher, Gilbert of PJatte, Hughes, Hus- 
mann, Morton, ISTewgent, St. Gem, Thi- 
lenius, and Mr. Presiclent — 10. 

Absent without Leave — Messrs. Bed- 
ford, Bush, Davis of Xew Madrid, Gilsti-ap, 
Grammer, Green, Henderson, Holdsworth, 
King, Linton, Martin, Meyer. Nixdorf, 
Owens, Rohrer, Smith of Worth, Sutton, 
and Switzler— 18. 

Sick — Messrs. Adams, Cowden, Ellis, 
Mitchell, and Peck — 5. 

There being no quorum present, Mr. 
Drake moved a call of the house, which was 
ordered, and the following gentlemen an- 
swered to their names : 

Messrs. Barr, Bonhara, Budd, Bunce, 
Bush, Childress, Clover, Davis ot Nodaway, 
Dodson, D'Oench, Drake, Esther, Evan's, 
Filley, Fulkerson, Gamble. Gilbert of Law- 
rence, Gilstrap, Green, Henderson, Holcomb, 
Holdsworth, Holland. Hume, Linton, Mc- 
Kernan, McPherson, Mack, Martin, Meyer, 
Rankin, Rohrer, Smith of Mercer. Strong, 
Swearingen, Weatherby, Williams of Cald- 
well, and Williams of Scotland — 38. 

Absent v^•ITH Leave — Messrs. Foster, 
Fletcher, Gilbert of Platte, Hughes, Hus- 
raann, Morton, Newgent, St. Gem, Sutton, 
Tliilenius, and Mr. President — 11. 

Absent without Leave — Messrs. Bed- 
ford, Da'\is of New Madrid, Folmsbee, 
Grammer, King, Leonard, Nixdorf, Owens, 
Smith of Worth', and Smtzler— 10. 

Sick — Messrs. Adams, Cowden, Ellis, 
Mitchell, and Peck — 5. 

On motion of Mr. Drake, fm-ther pro- 
ceedings under the call were dispensed with. 



The question then recurred, '-Shall the 
article on Executive Department be enrolled 
as a part of the Constitution?" on which 
Mr. Holcomb demanded the ayes and noes: 
and the vote being taken, stood as follows: 

Ayes — Messrs. Barr, Bonliam, Budd, 
Bunce. Childress, Clover, Davis of Noda- 
wa;/, Dodson, D'Oench, Drake, Esther, 
Evans, Filley, Folmsbee, Fulkerson, Gam- 
ble. Gilbert of Lawrence, Henderson, Hol- 
comb, Holdsworth, Holland, Hume, Mc- 
Kei-nan, 3IcPlierson, Mack, Meyer, Rankin, 
Smith of Mercer, Strong, Swearingen. 
Weatherby, Williams of Caldwell, and 
Williams of Scotland— 33. 

Noes — Messrs. Bush, Gilsfcap, Green. 
Linton, Martin, and Rohrer — 6. 

Absent with Leave — Messrs. Foster, 
Fletcher. Gilbert of Platte, Hughes, Hus- 
mann, Morton, Newgent, St. Gem, Sutton, 
Thilenius, and Mr. President — 11. 

Absent without Leave — Messrs. Bed- 
ford, Davis of New Madrid, Grammer, 
King. Leonard, Nixdorf, Owens, Smith of 
Worth, and Switzler— 9. 

Sick — Messrs. Adams, Cowden, Ellis, 
Mitchell, and Peck — 5. 

So the article on Executive Department 
was oi'dered to be enrolled as a part of the 
Constitution. 

Mr. BoNiiAM, chairman of the Committee 
on Confiscation, presented the following- 
report and ordinance; which ordinance was 
read the first and second time, and ordered 
to be printed : 

Co7ifiscation . 

The committee to v\^hom Vv'as referred an 
ordinance for the confiscation of the propertj^ 
of ]'ebels, respectfully report that they have 
had the matter under consideration, and 
report the accompanying article for the con- 
sideration of this Convention. In coming to 
this conclusion, the committee beg leave to 
state that, in the admittance of Western Vir- 
ginia into the Union, the Cono-ress of the 
United States admitted the right of that 
State to confiscate property, both real and 
personal, to the State, for treasonable acts 
connuitted hy persons against that State. 
Missouri, being one of the compact of States 
of the United States, and loyal to the 
general government of the LTnited States. 
claims only equal rights vvith her sister 
States in the confiscation of rebel property. 
All of which is respectfully submitted. 

J. BONHAM, Chairman, 

W. H. Folmsbee, 

J. A. Mack, \ Committee . 

J. B. Dodson, 

W. S. Holland, 

Ordinance of Ema7icipaiion. 

Section 1. All property, both real and 
personal, in this State, owned by any person 
or persons having a wife or issue of his own 



227 



body alive, who lias, since the commence- \ 
meiit of the present rehellion, taken up I 
arms against the pjovisional government of i 
this State, or who has aided and abetted the I 
enemies thereof by furnisliing food or ; 
raiment, or munitions of war of any descrip- i 
ticn whatever, shall be coniiscated to the 
State 01 Missom'i during the lifetime of the ; 
owner tliereof. 

Sec. 2. All property, both real and per- 
sonal , owned in this State by any person or ; 
persons having neither wife nor "issue of his : 
own body alive, who has, since the present : 
rebellion commenced, taken up arms agahist 
the provisional government of .tliis State, or | 
who has aided and abetted the enemies j 
thereof by furnisliing food or raiment, or ! 
munitions of war of any kind or desci'iption | 
whate^^-er, is hereby confiscated to the State ; 
forever. " j 

Sec. 3. All property, both real and per- 
sonal, owned by any person or persons in ! 
this State who shall hereafter tjdvo up ai-ms 
against the government of the State of Mis- 
souri, or who shall hereafter aid or abet the 
enemies thereof, in any manner — or favor, 
directly or indirectly — or who shall hereafter 
refuse to aid the State government in repell- 
ing invasion or suppi'essing rebellion, shall 
be coniiscated and forfeited to this State 
forever; and all property mentioned in this 
Jirticle shall be disposed of hj the Legislature 
for the benefit of the State. "^ 

Sec. 4. The net proceeds of all property 
mentioned in this article shall inure to the 
benefit of education , and shall be applied to 
the support of schools, and be used for no 
other purpose whatever. 

On motion of Mr. Holland, the ordinance 
for the organization and government of the 
Missouri militia was taken up. 

Mr. Holland offered the following sub- 
stitute for section one : 

All able-bodied male inhabitants of this 
State, who are citizens of the United States, 
or who have declared their intention to 
become citizens, between the ages of eighteeu 
and forty-five years, except such as may be 
exempted by law, shall be lia])le to military 
duty; and, when oi-ganized, shall constitute 
and be knoAvn as the ' 'Missouri Militia. ' ' 

Mr. Linton oilered the following amend- 
ment to the substitute, which was read and 
rejected : 

Amend the substitute by inserting, after 
the word ' 'inhabitants, ' ' the words ' 'except 
those who are religiously scrupulous of 
bearing arms." 

Mr. Meyer ottered the following amend- 
ment to the substitute, which was disa- 
greed to : 

Strike out all after the word ' 'duty, ■ ' and 
insert in lieu thereof the following: ' -To be 
classified as follows: The militia, shall be 
divided into two classes. The first class 



shall be .stjded 'The National Guard,' and 
shall consist of all persons, subject to nuli- 
tary duty, between the ages of eighteen and 
twenty-live years; and all unmarried per- 
sons, subject to such duty, between the ages 
of twenty -five and thirty-five years; except 
such unmarried persons, of the ages herein 
mentioned, as are the sole support'of infirm 
parents or a famil5% wlio shall be enrolled 
with the second class. The second class 
shall be styled 'The Eeserve,' and .shall 
con.sist of all married persons, subject to 
such duty, between the ages of twenty-five 
and forty-five years, and all unmarried x)er- 
sons between the ages of thirty-five and 
forty-five years. ' ' 

On motion of Mr. Strong, the Conven- 
tion adjourned until half-past 2 o'clock 
F. M. 



AFTERNOON SESSION. 

Convention met pursuant to adjournment, 
the President in the chair. 

Mr. Holland called up his substitute for 
section one of the militia ordinance, with 
the amendment thereto by Mr. Meyer. 

On request of Mr. Holland, he was 
allowed to withdraw^ his substitute, offered 
this forenoon, and offer the following in lieu 
thereof: 

All able-bodied male inhabitants of this 
State, who are citizens of the United States, 
or who have declared their intention to be- 
come citizens, between the ages of eighteen 
and forty -five years — except such persons as 
have served not less than two j'ears in the 
arm}^ or navy of the United States, or tlie 
Missouri State militia, and shall have been 
honorablj^ discharged therefrom not more 
than twelve months before the time of en- 
listment, and such as shall be exempted by 
law — shall be liable to military duty; and, 
when organized, shall constitute and be 
known as the ' 'Missouri Militia. ' ' 

Mr. Strong, of the Committee on JMis- 
cellaneous Provisions, reported the same 
back, and the Convention proceeded to cou- 
.sider it. 

Mr. FoLMSBEE ottered the follo\\ingamer.d- 
ment to said article, which was adopted: 

Amend by adding the following section : 

Sec. — . The seat of government of this 
State shall remain at the City of Jetterson. 

Mr. Drake offered the following amend- 
ment, Avhicli was adopted: 
Amend by adding the following section : 
Sec. — . No person emancipated by the 
ordinance abolishing slavery in ^fissouvi, 
adopted on the eleventh day of.lanuary. 



228 



one thousand eight hundred and sixtj— five, 
shall, by any county court or other au- 
tliority, be apprenticed or bound for any 
service, except in pursuance of laws made 
especially applicable to the persons so eman- 
cipated . 

Mr. Strong offered the following amend- 
ment, which was adopted: 

Add as a new section : The Greneral Assem- 
bly shall provide by law for the indictment 
and trial of persons charged mth the com- 
mission of anj felony, in any county other 
than that in which the offense Avas committed, 
vvhenever, owino- to prejudice or any other 
cause, an impartial grand or petit jury can 
not be impanneled in the county in which 
such offense was committed. 

On motion of Mr. Drake, the article on 
Miscellaneous Provisions was ordered to be 
engrossed for a third reading. 

The question recurring on the amendment 
offered by Mr. Holland to the third section 
of the militia ordinance, Mr. Meyer de- 
munded the ayes and noes; and the vote 
being taken, stood as follows: 

Ayes — Messrs. Bonham, Bunce, Chil- 
dress, Clover, Dodson, Drake, Esther, 
Evans, Fulkerson, Gilbert of Lawrence, 
(xilstrap, Holcomb, Holland, King, Mc- 
Pherson, Mack, Meyer, Strong, and Wil- 
liams of Scotland — ld\ 

XoES — Messrs. Barr, Bedford, Bush, 
Da^is of Nodaway, Ellis, Folmsbee, 
Gamble, Henderson, Holds worth, Hume, 
Linton, McKernan Martin, Rankin, Sohrer, 
Smith of Mercer, Smith of Worth, Sutton, 
Sweaj-ingen, Switzler, Weatherby, Williams 
01 Caldwell, and Mr. President^23. 

Absent with Leave — Messrs. Foster, 
Fletcher, Gilbert of Platte, Hughes, Hus- 
niann, Morton, Newgent, St. "Gem, and 
'i'hilenius — 9. 

Absent without Leave — Messrs. Budd, 
Davis of iS'ew Madrid, D'Oench, Filley, 
Grammer, Green, Leonard, Nixdorf, aiid 
Owens— 9. 

Sick — Messrs. Adams, Cowden, Mitchell, 
and Peck— 4. 

So the amendment was not adopted. 
Mr. Bonham offered the following amend- 
ment, which was adopted: 

Amend section six, line two, by adding 
the words "■no more,-' after the word 
' ' generals . " 

Mr. Barr offered the following amend- 
ment: 

Strike out section fourteen, and insert the 
following: The surgeon general shall ap- 
point a physician or surgeon for each county, 
to examine persons claiming exemption, 
who shall give to every person exempted by 
him a certificate; and shall return to the 
oflice of the adjutant of the district, mthin 



five daj^s after the close of each of his sit- 
tings, a complete list of all persons so ex- 
empted. The physician or surgeon so 
employed shall receive the pay of a major of 
infantry, while actually engaged in" such 
service . 

Mr. Holland offered the follov^ing amend- 
ment to said amendment, which was rejected: 

Amend the substitute for section fourteen 
hy striking out all after the word ' 'shall, ' ' 
and inseit in lieu thereof the following- 
words: ' 'he entitled to collect ot every per- 
son so examined an examination fee of one 
dollar. 

Mr. Baer's amendment was then adopted. 

The action on the militia ordinance was 
temporarih^ suspended, to enable Mr. 
Strong, chairman of the Engrossing Com- 
mittee, to make the following report: 

Mr. President: The Committee on En- 
grossed Articles respectfully report that the 
article entitled Miscellaneous Pi-ovisions has 
been correctlv engrossed. 

GEO. P. STPtOXG, Chairman. 

On motion of Mr. Drake, the article on 
Miscellaneous Provisions was read a third 
time, put upon its final passage, adopted, 
and ordered to be referred to the Revising 
Committee . 

The consideration of the ordinance on 
militia was again resumed. 

Mr. Bush offered the following amend- 
ment, Avhich was adopted: 

Amend section eleven by strikino- out the 
words ' 4iis Excellency, ' ' in first line. 

Mr. Holland ofiered the following amend- 
ment, which Avas adopted: 

Amend section tweuty-tAvo by adding 
thereto: ' 'and such pay shall be in the same 
funds in which the United States A^olunteers 
are paid, or their ec|uivalent. ' ' 

Mr. Strong offered the folloAving amend- 
ment, which was rejected: 

Amend by adding to section ten the 
following Avords: ' 'But no person subject to 
militia duty shall be required to leave the 
county AAiiere he is enrolled, except in case 
of invasion, or to repel attack , or to pursue 
guerrillas or otlier disturbers of the peace or 
safety of the State. ' ' 

On motion of Mr. Drake, the further 
consideration of the ordinance on militia 
Avas postponed until to-morrow morning. 

Mr. Drake, chairman of the RcAising 
Committee, made the folloAAing report: 

Mr. President : The Revising Committee, 
to Avhom was referred the article entitled 
Miscellaneous Provisions, beg leaA'e to report 
the same back AAithout amendment. 

CD. DRAKE, Chairman. 



229 



Mr. Deake moved that the article on Mis- 
celhineous Provisions be em-oUed as a part of 
the Constitution, which was agreed to. 

Mr. Drake offered the followino- resolution, 
which was adopted : 

Resolved, That, in enrolling the Constitu- 
tion, tlie last section of the" article on the 
Legislative Department, and thefourtli. fifth 
and sixth sections of the article on Banks 
and Corporations, shall be trcHnsferred to and 
incorporated in tiie article entitled Miscel- 
laneous Pro\isions. 

Mr. Strong, chairman of the Committee 
on Engrossed Bills, reported the article on 
Education as truly engrossed. 

The consideration of the article on Edu- 
cation was temporarily suspended, so as to 
enable Mr. Strong, chairman of the Engross- 
ing Committee, to make a report. 

Mr. Strong, chairman of the Engrossing 
Committee, reported the ordinance for pro- 
curing money for the payment of members 
and officers, and for other expenses, as truly 
engrossed. 

On motion of Mr. Bonham, the ordinance 
for paying officers, mxcmbers, and others, of 
the Missouri State Convention , was read the 
third time, put upon its final iDassage, and 
adopted. 

On motion, the article on Education was 
again taken up. 

Mr. Holland offered the following amend- 
ment, which he afterwards withdrev/: 



Amend first line, on fourth page, l)y 
striking out the word "may, ' ' and inserting 
the word "shall." 

On motion of Mr. Bonham, the article on 
Education was read the third time, put upon 
its final passage, adopted, and ordered to be 
referred to the Revising Committee. 

A letter from J. W. Mclntyre, chairman 
United States Christian Commission, dat-d 
St. Louis, April 5, 1865, inviting the mem- 
bers of the Convention to participate in a 
meeting to beheld on Friday evening, April 
7, 1885, was read for information, and laid 
on the table. 

Mr. SwiTZLER ofl:ered the following reso- 
lution : 

Resolved^ That this Convention, desirous 
again to testify its appreciation of the price- 
less blessings guaranteed to the people by tlio 
Union of the States, have heard with joy and 
thanksgiving that Richmond (Confederate 
Capital) and' Petersburg (one of the Gibral- 
tars of the rebellio]i) have fallen, by the gal- 
lantrj' and heroism of the national troops; 
these glorious victories adding new lustre to 
our arms, and affording us reason to hope 
that this disastrous and' wicked insurrection 
is virtually overthrown; and that, at no dis- 
tant period , peace, on the basis of the Federal 
Union of all the States, will be restored. 

On motion of Mr. Strong, the resolution 
was laid over and made the special order foi* 
to-morrow morning . 

On motion of Mr. Drake, the Convention 
adjourned until 9 o'clock to-morrow morn- 
insf. 



seventy-fifth: T)A.y. 



Convention met pursuant to adjournment, 
the President in the chair. 

The pending resolution, offered by Mr. 
Switzler yesterday, was called up. 

Mr. Strong offered the following amend- 
ment thereto, which was accepted by Mr. 
Switzler: 

Amend the resolution by adding these 
words: "And triumphantly vindicaiing the 
wisdom and patriotism of our honoreirdiief 
magistrate, who, with a brave lu>art and 
steady purpose, has successfully carried for- 
ward, byforceof arms, th(> glorious work of 
suppressing rebellion by the military power 
of the government; anVl illustrating, with 



THURSDAY, April 6th, 1865. 

erpial clearness, the miserable folly and want 
of loyalty and patriotism of those who 
denounced Abraham Lincoln as 'the despot 
whom God in his wrath permits to occupy 
the Presidential chair;' who asserted the 
riglit of traitors to float the Hag of treason, 
and justified the slaughter, by traitors, of 
these same o-nllant \ind heroic nation;'.! 
troops, assertmg that they 'met a merited 
doom,' and regretting that more of them 
were not shot;" who "justified and rejoiced 
in the traitorous conduct of that perjuri'd 
traitor Claiborne F. Jacks;on, Avho. wiih ihe 
oatli of fidelity to the Federal Constitution 
on his lips, prostituted his otUi-ial position 
to place Missouri among the rebel Staves, 
against the will of a large inajoriiy of her citi- 



230 



zens; who denoimced the call of President 
Lincoln for seventy-five thousand of these 
same gallant and heroic troops, to defend 
the Union of the States, as 'illegal, inhuman, 
and diabolical;' and who pubJicly declared 
that, if there were any of those g-^illaut and 
heroic soldiers in Missouri who were will- 
ing to 'aid a black-republican President in 
the butchery of the Southern people' — and 
thus assist in achieving ^ these glorious vic- 
tories, adding new lustre to our arms' — 
^they were on the wrong side of Mason and 
Dixon ' s line , and had better, for their health , 
take up their beds and Avalk, and walk 
fast;' and who most loudl}^ denounced all 
attempts at coercion, from the start, well 
knowing it was the only means of suppress- 
ing rebellion, and seciiring 'these glorious 
victories' over which we now all unite in 
rejoicing. This Convention rejoices in the 
fact that the patiiotic soldiers VZicZ 'take up 
their beds and walk,' and that they have 
pm'sued their walk over the whole teiTitory 
of secession, until they have pitched their 
tents in the rebel capital at^ Richmond; 
and have demonstrated the fact that victory 
and success are wonderful promoters ot 
patriotic rejoicing and of loyalty, and that 
the submission and respect of' rebels and 
rebel sympathizer's are best secured b}' the 
exhibition of a power in the o-overnment 
that they cannot successfully resist. ' ' 

Mr. Bush offered the following amend- 
ment to the original resolution : 

Amend the resolution by inserting the 
words "freedom and," after the words 
' 'basis of, ' ' in the last sentence. 

Which was accepted by Mr. S^\^.tzler. 
Mr. Drake offered the following amend- 
ment : 

Amend by strikiDg out the word "Fed- 
eral," in line twenty-two of the original 
resolution, and inserting in lieu thereof the 
words ' ' complete and imi^erishable . ' ' 

After debate, the question being on the 
amendment of Mi'. Drake, Mr. Switzler 
demanded the ayes and noes thereon ; and 
the vote being taken, stood as follows: 

Ayes — Messrs. Barr, Bonham, Budd, 
Bunce, Childress, Davis of Xodaway, Dod- 
son, Drake, Ellis. Evans, Fletcher, Folms- 
bee. Fulkerson. Gilbert of Lawrence. Hen- 
derson, Holdsv.'orth. Holland, Hvnne, King, 
Leonard, Linton, McKernan, McPlierson, 
Mack, Peck, Rankin, Smith of Mercer, 
Strong, Weatherbv, Williams of Caldwell, 
Williams of Scotland, and Mr. President— 32. 

ISToES — Messrs. Bush, Esther, Gamble, 
Gilstrap, Holcomb, Martin, Rohrer, Swear- 
ingen, and Switzler— 9. 

Absent with Leave — Messrs. Foster. Gil- 
bert of Platte, Hughes, Husmann, Morton, 
jSTewgent, St. Gem, and Thilenius — 8. 

Absent without Leave — Messrs. Bed- 
ford, Clover, Davis of New Madrid, D'Oench, 



Fillers Grammer, Green, Meyer, Mxdorf, 
Owens, and Sutton — 11. 

Sick— Messrs. Adams, Cowden, Mitchell, 
and Smith of Worth — 1. 

So the amendment was adopted. 

3Ir. Drake moved the indefinite postpone- 
ment of the resolution, and called for the 
previous question, which was sustained. 

The question then being on the iudeiinite 
postponement of the resolution, it was dis- 
agreed to. 

The Cjuestion then being on the adoption 
of the resolution, as amended, 3ii-. Strong 
called for the previous question, which was 
sustained. 

On the adoption of the resolution Mr. 
Bonham demanded the ayes and noes; and 
the vote being taken, stood as follows: 

Ayes— Messrs. Barr, Bonham, Budd, 
Bunce, Childress, Davis of Nodaway, Dod- 
son, D'Oench, Drake, Ellis, Esther, Evans, 
Filley, Fletcher, Folmsbee, Fulkerson, 
Gamble, Gilbert of Lawrence, Gilstrap, 
Heiiderson, Holcomb, Holdsworth, Hol- 
land, Hume, King, Leon.ard, Linton. Mc- 
Kernan, McPherson, Mack, Martin, Peck, 
Rankin, Rohrer, Smith of Mercer, Strong, 
Sutton, Swearuigen, Svdtzler, Weatherby, 
Williams of Caldwell. Williams of Scotland, 
and Mr. President — 13. 

Xoes— Mr. Bush— 1. 

Absent with Leave — Messrs. Foster, 
Gilbert of Platte, Hughes, Husmann, Mor- 
ton, Nevrgent, St. Gem, and Thilenius— 8. 

Absent without Leave — Messrs. Bed- 
ford, Clover, Davis of New Madrid, Gram- 
mer, Green, Meyer. Nixdorf, and Owens — 8. 

Sick — Messrs. Adams, Cowden, Mitchell, 
and Smith of Worth — 4. 

So the resolution was adopted. 

Mr. Drake, chairman of the Revising 
Committee, presented the following report: 

Mr. President : The Revising Committee, 
to whom was referred tlie article on Educa- 
tion, beg leave to report the same back with 
the following amendments : 

Amend, oil page three, line eight, by strik- 
ing out the word ' ' also, ' ' and inserting in 
lieu thereof the word ' ' and . ' ' 

Amend, on page three, line nine, by wStrik- 
ing out the Avord "maj'," and inserting, 
after the word " now, ' ' the word ' ' belong. ' ' 
and inserting the word "may" before the 
word " hereafter" 

Amend, on page three, line thirteen, by 
striking out the word ' ' additional; ' ' and b^* 
inserting, in line fourteen, after the word 
' ' securitv, ' ' the words ' ' in addition there- 
to." ' CD. DRAKIE, Chairmafi. 

The amendments recommended hj the 
Revising Committee were adopted. 

On motion of Mr. Drake, the article on 
Education was put upon its final passage, 



231 



adopted, and ordered to be enrolled as a 
part of the Const! tntion. 

On motion of Mr. Budd, the article on 
Railroad Indebtedness was taken up. 

Mr. BoxHAM offered the folloNving- amend- 
ment, which Avas adopted: 

Amend section third, in second line, after 
the word "company, ' ' by addino' the follow- 
ing-: • 'or the Platte Countrj^ Railroad Com- 
pany . ' ' 

Mr. BoxnAM offered the following amend- 
ment, which was adopted: 

At the end of section tliird add the follow- 
ing: ''and the Platte Countrj- Railroad 
Company.'' 

Mr. BcsH offered the following- amend- 
ment : 

Amend section first by striking out the 
word "ten,'' in the thh'd and also in the 
sixth line, and inserting the word "two" 
in lieu thereof; also, by striking out the 
word "fifteen," in the tenth line, and in- 
serting the word ' 'five' ' in lieu thereof. 

The question being on adopting this 
amendment, Mr. Bush demanded the ayes 
and noes thereon; and the vote being taken, 
stood as follows : 

Ayes — Messrs. Barr, Bush, . D'Oench, 
Ellis, and Fiiley — 5. 

Noes — Messrs. Bonham, Budd, Bunce, 
Childress, Davis of Nodaway, Dodson, 
Drake, Esther, Folmsbee, Fulkerson, Gam- 
ble, Gilbert of Lawrence, Henderson, Hol- 
comb, Iloldsworth, Holland, Hume, King, 
Leonard, Linton, McKernan, McPherson, 
Mack. Martin, Peck, Rankin, Rohrer, Smith 
of Mercer, Strong, Sutton, Swearingen, 
Switzler, Weatherby, and Williams of Scot- 
land— 34. 

Absext with Leave — Messrs. Evans, 
Foster, Gilbert of Platte, Hughes, Hns- 
mann, Morton, Newgent, St. Gem, Thi- 
leniu s , and Mr . P resi de n t — 10 . 

Absent without Leave — Messrs. Adams, 
Bedford, Clover, Da^is of New Madrid, 
Fletcher, Gilstrap, Grammer, Green, Meyer, 
Nixdorf, Owens, and Williams of Cald- 
well— 12. 

Sicic — Messrs. Cowden, Mitchell, and 
Smith of Worth— 3. 

So tiie amendment was rejected. 

Mr. BoxHAM offered the following amend- 
ments, which were adopted. 

Amend section one, line three, by striking- 
out the words " an annual tax of;" and in 
sixth Jine, by striking out the words •• tiie 
tax of ten per cent," and insert in lieu 
thereof the words ' ' the pajanent of tliis per 
centage . " 

Amend, In line nine, section one, by 
striking out the word "an," and insert 
" antnially. " 



Li line ten, strike out the words "tax 
of," and the word "taxed," and insert, 
after the word "said," the words "per 
centage . " 

In line eleven, strike out the words ' 're- 
ceived from the tax, ' ' and insert the words 
"])aid as." 

In seventeenth line, strike out the words 
''from the tax on said lands," and insert 
the words ' 'as aforesaid. ' ' 

In section two, line one, strike out the 
word "tax," and insert the words "per 
centage. ' ' 

In section three, in line three, strike out 
the word "taxes," and insert "percent- 
age . ' ' 

"in section foui-, line two, strike out ' 'tax, ' ' 
and insert ' 'per centage. ' ' 

In line three, strike out ' 'tax, " and insert 
' 'per centage. ' ' 

Mr. Drake moved to reconsider the vote 
by which the following amendment, offered 
by Mr. Bonham, to the article on Railroad 
Indebtedness, was adopted: 

In line nine, section one, strike out the 
word ' 'an," and insert ' ' annually. ' ' 

Which motion was agreed to. 
Mr. BoxHAM modified his amendment so 
as to read as follows: 

In line nine, section one, strike out the 
words ' 'an annual. ' ' 

And the amendment, as modified, was then 
adopted. 

Mr. Stroxg offered the following amend- 
ment, which was rejected: 

Amend by striking out the w^ords ' 'inter- 
est coupons", and interest thereon, and," in 
the thirteenth line, and inserting, after the 
word "principal," in line fourteen, the 
words "and interest;" also, the word 
"bonds," between the words "or" and 
' 'guaranteed, ' ' in line fourteen. 

Mr. Budd offered the folio vdng amend- 
ment, which was adopted: 

The said Hannibal and St. Joseph Railroad 
Company shall pay into the treasury of the 
State, anp.ii:;!ly. two per cent, on three 
million of yait'c bonds loaned to said com- 
|)any, for the purpose of liquidating the prin- 
cipal of the bonds aforesaid; and' on failure 
to do so, tlie tax often and fitteen per cent. , 
named in^ the first section, shall be collected 
of the Hannibal and St. Joseph Railroad 
Company. 

Mr. Drake otfered the following amend- 
ment, which was adopted: 

Amend section first by siriking out, 
in lines three, eight, and eleven, the word 
"quarterly," and insertiuii- in lieu tliereof 
the word "quarter-yearly."" 

jNIr. Drake ottered tlie following amend- 
ments, wliich were adoptetl: 



232 



Amend by inserting, in line nine, section 
first, before tlie word' 'October, ' ' tlie words 
"day of." 

Amend by striking out of line twelve, sec- 
tion first, the words "be paid into tiie State 
treasury, and shall. ' ' 

Amend, in section fii'st, line one, by strik- 
ing out the words ' ' Company and Southwest 
Branch . ' ' 

Amend section first, line two, by inserting 
the word ' 'and' ' after the word ' 'company. " 

Amend section first, line fourteen, by 
inserting the word "the" before the word 
"principal." 

Amend section first, line four, by striking- 
out the word "on," where it first occurs 
there hi, and inserting in lieu thereof the 
word "of;" and by striking out of line ten 
the word "on, "and inserting in lieu 
thereof the word ' ' of. ' ' 

Mr. Strong ofiered the following amend- 
ment : 

Amend by striking out the word or figure 
"five," in line seven, and inserting" the 
word ' 'six; ' ' also, by strikino; out the word 
02' fi<>'ure "seven, ' ' in lines eight and nine, 
and uiserting therein the word ' 'eight. ' ' 

On motion , the article on Railroad Indebt- 
edness was laid over temporarily until this 
afternoon. 

Mr. Strong, chairman of the Engrossing 
Committee, reported the article on Militia 
as truly engrossed. 

Mr. Meyer offered the following amend- 
ment to the article on Militia, which was 
adopted : 

Strike out section three. 

Mr. Draice offered the folio v/ing amend- 
ments, which were adopted: 

Amend, in line seven, by inserting the 
word "of, " after the word ''^' except. ' ' 

Amend, in line fifteen, by striking out the 
word "except. " 

Amend, in lines sixteen and seventeen , by 
striking out the words "they exceed eight 
in number, ' ' and insertino- in lieu thereof "the 
words, • 'there be more than two officers of 
that grade . ' ' 

Mr. Strong offered the following amend- 
ment: 

Strike out all of section two, down to the 
words ''the General Assembly," in line 
twelve of engrossed bill. 

On this amendment Mr. Fletcher de- 
manded the styes and noes; and the vote 
being taken, stood as follows: 

Ayes — Messrs. Barr, Bunce, Childress, 
Dodson, Drake, Ellis, Esther, Fulkerson, 
Gamble, Gilbert of Lavvrence, Henderson, 
Holds worth, Holland, Hume. King, Mc- 
Kernan, McPherson, Mack, Rankin, Strong, 
and Swearingen — 21. 



Noes — Messrs. Bonham, Budd, Bush, 
Davis of jSTodaway, Evans, Fletcher, Gil- 
strap, Meyer, Peck, Smith of Mercer, Sut- 
ton, Weatherby, and Williams of Scot- 
land — 13. 

Absent with Leave • — Messrs. Foster, 
Gilbert of Platte , Hughes, Husmann, Mor- 
ton, Newgent, St. Gem, Thiienius, and Mr. 
President — 9. 

Absent without Leave — Messrs. Bed- 
ford, Clover, Davis of ISTevv Madrid, 
D'Oench, Filley, Folmsbee, Grammer, 
Green, Holcomb^ Leonard, Linton, Martin, 
Nixdorf, Owens, Kohrer, Switzler, and 
Williams of Caldwell— 17. 

Sick — Messrs. Adams, Cowden, Mitchell, 
and Smith of Worth — 4. 

So the amendment was rejected. 

Mr. Strong offered the following amend- 
ment : 

Add, as a new section, the following: 
Each company and regiment shall elect its 
owm company and regimental ofiicers; but 
if any companj^ or regiment shall neglect to 
elect'such officers within the time prescribed 
by law, or by the order of the Governor, 
they may be appointed by the Governor. 

On wdiich Mr. Mack moved the previous 
question; which was sustained. 

The question then being on adopting the 
amendment of Mr. Strong, Mr. Holcomb 
demanded the ayes and noes thereon; and 
the vote being taken, stood as follows: 

Ayes — Messrs. Bonham, Bunce, Chil- 
dress. Dodson, Fulkerson, Gamble, Gilbert 
of Lawrence, Gilstrap, Holland, Hume, 
McPherson, Mack, Smith of Mercer, Strong, 
Sutton, Swearingen, Weatherby, and Wil- 
liams of Scotland — 18. 

Noes — Messrs. Barr, Davis of Nodaway, 
Drake, Ellis, Esther, Evans, Fletcher, 
Henderson, Holcomb, Holdsworth, King, 
McKernan, Meyer, Peck, and Rankin — 15. 

Absent with Leave — Messrs. Foster, 
Gilbert of Platte, Hughes, Husmann, Mor- 
ton, Newgent, St. Gem, and Thiienius — 8. 

Absent without Leave — Messrs. Adams, 
Bedford, Budd, Bush, Clover, Davis of New 
Madrid, D'Oench, Filley, Folmsbee, Gram- 
mer. Green, Leonard, Linton, Martin, 
Nixdorf, Owens, Rohrer, Switzler, Wil- 
liams of Caldwell, and Mr. President — 20. 

Sick — Messrs. Cowden, Mitchell, and 
Smith of Worth— 3. 

So the amendment was adopted. 

Mr. Drake moved that the article on 
Militia be read a third time, and adopted; 
on which he moved the previous question, 
which was sustained. 

The question then being on the adop- 
tion of the article on Militia, Mr. Meyer 
demanded the ayes and noes thereon; and 
the vote beinof taken, stood as follows: 



Ayes— Messrs. Boiiham, Bunce, Cliil- 
dress, Davis of Nodaway, Drake, Eilis, 
Esther, Fulkerson, Gamble, Gilbert of Law- 
rence, Henderson, Holds\vorth, Holland, 
Hume, King, McKernan, McPherson, 
Mack, Peek, Rankin, Smith of Mercer. 
Strono-, Sutton, Swearino-en, and Williams 
of Scotland— 25. 

XoES — Messrs. Barr, Dodson, Evans, 
Fletcher, Gilstrap, Holcomb, Meyer, and 
Weatherb\' — S . 

Absent with Leave— Messrs. Foster, 
Gilbert of Platte, Hughes, Husmann, Mor- 
ton, Newgent. St. Gem, Thilenius, and 
Williams of Caldwell— 9. 

Absext without Leave — Messrs. Bed- 
ford, Budd, Bush, Clover, Davis of New 
Madrid, D'Oench, Filley, Folmsbee, Gram- 
mer, Green, Leonard, Linton, Martin, Nix- 
dorf, Owens, Rohrer, Switzler, and Wil- 
liams of Scotland — 18. 

Sick — Messrs. Adams, Cowdeii, Mitchell, 
and Smith of Worth— 4. 

So tlie article was adopted. 

On motion of Mr. Barr, the Convention 
adjourned until half -past 2 o'clock P.M. 



AFTERNOON SESSION. 

Convention met pursuant to adjournment, 
the President in the chair. 

Mr. Drake, chairman of the Revising 
Committee, presented the following report: 

Mr. President: The Revising Commit- 
tee, to whom was referred the article on 
Militia, beg leave to report the same back 
without amendment. 

CD. DRAKE, Chairman. 

Mr. Drake moved that the article on 
Militia be put upon its final reading, adopted, 
and ordered to be enrolled as a part of the 
Constitution; on which motion Mr. Hol- 
comb demanded the ayes and noes, and the 
vote being taken, stood as follows : 

Ayes — Messrs. Bonham, Budd. Bunce, 
Childress, Davis of Nodaway, Drake, Ellis, 
Esther, Filley, Fulkerson. Gamble, Gilbert 
of Lawrence, Gilstrap, Henderson, Holds- 
worth, Hume, McKernan, McPherson, 
Mack, Peck, Rankin, Smith of Mercer, 
Sutton, Swearingen, and Williams of Cald- 
well— 25. 

Noes — Messrs. Barr, Dodson, Evans, 
Green, Holcomb, Leonard, Martin, Meyer, 
Weatherb3% and Mr. President — 10. 

Absent with Leavk — Messrs. Foster. 
Gilbert of Platte, Hughes, Husmann, Mor- 
ton, Nevvgent, St. Gem, and Thilenius — 8. 

Absent without Lioave — Messrs. Bed- 
ford, Bush, Clover, Davis of New Madrid, 
D'Oench, Fletcher, Folmsbee, Grammer, 
Holland, King, Linton, Nixdorf. Owens. 
Rohrer, Strong, Switzler, and Williams of 
Scotland — 17 . 



Sick — Messrs. Adams, Cowden, Mitchell, 
and Smith of Worth — 4. 

So the article on Militia was ordered to be 
enrolled as a part of the Constitution. 

On motion of Mr. Drake, the article on 
Provisions for putting the Constitution into 
Force was taken up. 

Mr. Drake offered the following amend- 
ment to said article , which was adopted : 

Amend by inserting, betw^een the title and 
the first section, the words ''and we do 
further ordain, as follows. ' ' 

Mr. Drake ofiered the following amend- 
ment: 

Fill the first blank in section two with the 
word "sixth," and the second blank with 
the word "June." 

Mr. Gilstrap offered the following amend- 
ment to the amendment: 

Amend the amendment by striking out of 
first blank, " 'sixth, ' ' and the second blank, 
"■'June;" and insert, in the first blank, 
' 'seventh, ' ' and in the second blank, ' 'No- 
vember . ' ' 

Mr. Drake moved to lay on the table the 
amendment of Mr. Gilstrap, on which Mr. 
Holcomb demanded the ayes and noes ; and 
the vote being taken, stood as follows: 

Ayes — Messrs. Barr, Bonham, Budd, 
Bunce, Childress, Davis of Nodawav. Drake, 
Ellis, Esther, Filley, Folmsbee, Fulkerson, 
Gilbert of Lawrence, Henderson, Holds- 
worth, Holland. Hume, King, McKernan, 
McPherson, Mack, Peck, Rankin, Strong, 
Sutton, Swearingen, Weatherb)% Williams 
of Caldwell, and Mr. President— 29. 

Noes— Messrs. Bush, Clover, Dodson, 
Evans, Fletcher, Gamble, Gilstrap, Green, 
Holcomb, Leonard, Linton, Martin. Meyer, 
Rohrer, Smith of Mercer, Switzler, and 
Williams of Scotland— 17. 

Absent with Leave — Messrs. Foster, 
Gilbert of Platte, Hughes, Husmann, Mor- 
ton, Newgent, St. Gem, and Thilenius -8. 

Absent without Leave — Messrs. Bed- 
ford, Davis of New Madrid. D'Oench,- 
Grammer, Nixdorf, and Owens — 6. 

Sick — Messrs. Adams, Cowden, Mitchell, 
and Smith of ^\^orfh — 4. 

So the amendment of Mr. Gilstrap M^as 
laid on the table. 

Mr. Gilstrap then ofiered the folknving 
amendment to the amendment of Mr. Drake: 

Amend the amendment by striking out 
' 'June' ' and inserting " 'September. ' ' 

]Mr. Drake moved to lay the amemhnent 
of ]NLr. Gilstrap on the table, on which Mr. 
Gilstrap demanded the ayes and noes; and 
the vote being taken, stood as follows: 



234 



Ayes — Messrs. Barr, Boiiham, Biidd, 
Buiice, Childress, Davis of Nodaway, 
Drake. Ellis, Esther, Filler, Folmsbee, 
Fulkerson, Gamble, Gilbert "^of Lawrence, 
Henderson, Iloidsworth, Holland, Hume, 
King, McKernan, McPherson. Mack, Peck, 
Kankin. Strong, Sutton, Swearingen, Weath- 
erby, Williams of Caldwell, and Mr. Presi- 
dent— 30. 

Noes — Messrs. Bush, Clover, Dodson, 
Evans, Fletcher, Gilstrap, Green, Holcomb, 
Leonard. Linton, Martin, Meyer, Rohrer, 
Smith of Mercer, and Williams of Scot- 
land — 15. 

Absext with Leav^e — Messrs. Foster, 
Gilbert of Platte, Hughes, Husmann, 3Ior- 
ton, Newgent, St. Gem, and Thilenius — S. 

Absent without Leave — Messrs. Bedford, 
Davis of New Madrid. D'Oench, Grammer, 
Nixdorf, Owens, and Switzler — 7. 

Sick — Messrs. Adams, Cowden, Mitchell, 
and Smith of Worth— 4 . 

So the amendment of Mr. Gllstrap was laid 
on the table. 

Mr. Green oflered the following amend- 
ment to the amendment of Mr. Drake: 

Amend the amendment by striking out 
' 'June' ' and inserting ' 'August. ' ' 

Mr. Deake moved to lay the amendment 
of Mr. Green on the table, on which motion 
Mr. Bush demanded the ayes and noes; and 
the vote being taken, stood as follows: 

Ayes — Messrs. Barr, Bonham, Budd, 
Bunce, Childress, Davis of Nodawav, Drake, 
Filiey, Folmsbee, Fulkerson, Gamble, Gil- 
bert of Lawrence. Henderson, Holds worth, 
Holland, Hume, King, McKernan, McPhei-- 
son. Mack, Peck, Strong, Sutton, Swearln- 
gen, and Weatherby— 25". 

Noes — Messrs. Bush, Clover, Dodson, 
Ellis, Esther, Evans, Fletcher, Gilstrap, 
Green, Holcomb, Leonard, Linton, Martin, 
Meyer, Sankin, Rohrer, Smith of Mercer, 
Smith of Worth, Williams of Caldwell, 
Williams of Scotland, and Mr. President — 21. 

Absent with Leave — Messrs. Foster, 
Gilbert ot Platte, Hughes, Husmann, Mor- 
ton, Newgent, St. Gem, and Thilenius— 8. 

Absent without Leave — Messrs. Bed- 
ford, Davis of New Madrid, D'Oench, 
Grammer, Nixdorf, Owens, and Switzler— 7. 

Sick — Messrs. Adams, Cowden, and 
Mitchell— 3. 

So the amendment of Mr. Green was laid 
on the table. 

Mr. Drake demanded the prewlous ques- 
tion, which was sustained. 

The question then being on adopting the 
amendment offered hj Mr. Drake, Mr. 
Martin demanded the ayes and noes there- 
on; and the vote being taken, stood as fol- 
lows: 

Ayes — Messrs. Barr, Bonham, Budd, 
Bunce, Childress, Clover, Davis of Noda- 



way, Drake, Ellis, Esther, Filiey, Folms- 
bee, Fulkerson, Gamble, Gilbert of Law- 
rence, Henderson, Holdsworth, Holland, 
Hume, King, Linton, McKernan, McPher- 
son, Mack, Peck, Rankin. Strong, Sutton, 
Swearingen, and Weatherby — 30. 

Noes— Messrs. Bush, Dodson, Evans, 
Fletcher, Gilstrap, Green, Holcomb, Leon- 
ard, Martin, Meyer, Rohrer, Smith of Mer- 
cer, Smith of Worth, Williams of Caldwell, 
Williams of Scotland, and Mr. President 
—16. 

Absent with Leave — Messrs. Foster, 
Gilbert of Platte , Hughes, Husmann, Mor- 
ton, Newgent, St. Gem, and Thilenius — 8. 

Absent without Leave — Messrs. Bed- 
ford, Davis of New Madrid, D'Oench, 
Grammer, Nixdorf, Owens, and Switzler 

Sick — Messrs. Adams, Cowden, and 
Mitchell— 3. 

So the amendment of Mr. Drake was 
adopted. 

Mr. Dr.UvE offered the following amend- 
ment : 

Fill the first blank in section seven with 
the word ' •first, ' ' and the second blank 
with the word ' 'July. ' ' 

On which Mr. Drake demanded the pre- 
vious question, which was sustained, and 
the amendment of Mr. Drake was adox)ted. 

Mr. Gilstrap offered the following 
amendment: 

Amend the article by striking out the 
sixth section. 

Mr. Drake demanded the previous ques- 
tion, which was sustained. 

The question then being on the adoption 
of the amendment offered by Mr. Gilstrap, 
Mr. Drake demanded the ayes and noes 
threon; and the vote being taken, stood as 
follows : 

Ayes— Messrs. Bush, Gilstrap, Holcomb, 
and Linton — 1. 

Noes — Messrs. Barr, Bonham, Budd, 
Bunce, Childress, Davis of Nodaway, Dod- 
son, Drake. Ellis, Esther, Evans. Filiey, 
Folmsbee, Foster, Fulkerson, Gamble, Gil- 
bert of Lawrence, Henderson, Holdsworth, 
Holland, Hume, King. Leonard, McKer- 
nan, McPherson, Mack, Martin, Peck, 
Rankin, Rohrer. Smith of Worth, Strong, 
Sutton, Swearingen, Weatherby, Williams 
of CaldweU. Williams of Scotland, and Mr. 
President— 38. 

Absent with Leave— Messrs. Gilbert of 
Platte, Hughes, Husmann, Morton, New- 
gent, St. Gem, and Thilenius — 7. 

Absent without Leave — Messrs. Bed- 
ford, Clover, Davis of New Madrid, D'Oench, 
Fletcher, Grammer, Green, Meyer, Nix- 
dorf. Owens, Smith of Mercer, and Svritz- 
er— 12. 



235 



Sick — Messrs. Adams, Cowden, and 
Mitchell— 3. 

So the amendment of 31r. Gilstrap was 
not adopted. 

Mr. Drake oifered the following amend- 
ment, which was adopted: 

Amend section six, line two, by striking- 
out the words ''is not," and inserting- in 
lieu thereof the words "would not be;'' 
and by adding-, after tlie word •'Constitu- 
tion,'' the words "if the second article 
thereof were then in force. ' ' 

Mr. Drake offered the foliowiug- amend- 
ment, which was adopted: 

Amend section six by striking out the 
words "the oath or atrirmation prescribed 
by this Constitution," and by inserting, 
after the ho-ures "iSG2," the folio Asdng: 
" the following- oath, to-wit: M, A. B., do 
solemnly swear that I am well acquainted 
witli the terms of the third section of the 
second article of the Constitution of the 
State of Missouri, adopted by the Conven- 
tion which assembled in the city of St. 
Louis on the sixth day of January, eighte(?n 
hundred and sixty-live, and have carefully 
considered the same; that I have never, 
directly or indirectly, done any of the acts 
in said section specitied; that I have always 
been ti-uly and loyally on the side of the 
United States, against all enemies thereof, 
foreign and domestic; that I will bear true 
faith and allegiance to the United States, 
and will support the Constitution and laws 
thereof as the supreme laAv of the laud, any 
law or ordinance of any State to the con- 
trary notwithstanding; that I will, to the 
best ot my ability, protect and defend the 
Union of the United States, and not allow 
the same to be broken up and dissolved , or 
the goveriunent thereof to be destroyed or 
overthrown, under any circumstances, if in 
my power to prevent it; and that I make 
this oath without any mental reservation or 
evasion, and hold it *to be binding on me; ' ' 
and by sti'iking- out of the sixth line the 
vv^ord "and." 

Mr. Drake otiered the following amend- 
ment, which was adopted: 

Amend by adding the following section: 
Sec. — . The otlice of Kegister of Lands 

shall continue until the General Assembly 

sliall abolish the same. 

Mr. Drake oifered the following amend- 
ment, which was adopted: 

Amend by adding the following section : 
Sec. — . The oilicer now known as tlie 
Auditor of Public Accounts shall hereafter be 
styled State Auditor. 

Mr. Drake offered the tbllov.ing amend- 
ment, which was adopted: 
Amend by adding the following section: 
Sec. — . Notwithstanding any provision in 
the previous articles of this Constitution, no 



existing law of this State shall be invalidated 
by this Constitution until after the session 
of the General Assembly, to be held in the 
month of November. 

Mr. Drake offered the following amend- 
ment, which was adopted: 

Amend bj^ adding the following at the 
close of the article: Done by the representa- 
tives of the people of the State of Missouri, 
in Convention assembled, at the city of St. 

Louis, on the day of April, in the year 

of our L/Ord one thousand eight hundred 
and sixty-five, and of the independence of the 
United States the eighty-ninth. 

Mr. LixTox offered the following amend- 
ment: 

Amend section sixth by striking out of line 
fourth all after the word "by" to the v/ord 
"under" inline fifth, and inserting, after 
"1862," in line sixth, the words "and, in 
addition to said oath, shall swear that he has, 
since the 17th day of December, 1861, been 
truly loyal to said government. ' ' 

Mr. Drake moved to lay the amenciment 
of Mr. Linton on the table, and demanded 
the ayes and noes on that motion; and the 
vote being taken, stood as follows: 

Ayes — Messrs. Barr, Bonham, Budd, 
Bimce, Childress, Davis of Nodaway, Dod- 
son, Drake, Evans, Filley, Folmsbee, 
Foster, Fulkerson, Gilbert of Lawrence, 
Henderson, Holdsworth, Holland, Hume, 
King, Leonard, McKei'nan, McPherson, 
Mack, Peck, Rankin, llohrer. Smith of 
Mercer, Strong, Sutton, Swearingen, Weath- 
erbv, Williams of Caldwell, Williams of 
Scotland, and Mr. President— 34. 

Noes — Messrs. Bush, Gilstrap, and Lin- 
ton— 3. 

Absent with Leave — Messii-s. Gilbert of 
Platte, Hughes, Husmann, Morton, New- 
gent, St. Gem, and Thilenius — 7. 

Absent without Leave — Messrs. Bed- 
ford, Clover, Davis of New Madrid, DOench, 
Ellis, Esther, Fletcher, Gamble, Grammer, 
Green, Holcomb, Martin, Meyer, Nixdorf, 
Owens, Smith of Worth, and'Switzler — 17. 

Sick — Messrs. Adams, Cowden, and 
Mitchell— 3. 

So the amendment of Mr. Linton was laid 
on the table . 

Mr. Holland offered the follov>ing sub- 
stitute for section one of the article: 

SiccTioN 1. The preceding parts of this 
instrument, except the second article, shall 
not take elfecv. unless this Constitution be 
adopted by the people, at the election to be 
hereinafter directed; but the provisions; of 
this article, and of article two. on the IJight 
of Suffrage . shall be iii force from the day of 
the adoption of this Corisrirutiou by 'the 
representatives of the people, in this Con- 
N'cntion assembled. 



236 



Mr. Drake uiovecl to lur the substitute on 
the table . 

On this motion Mr. Holland demanded 
the ayes and noes; and the vote beino^ taken, 
stood as follows : 

Ayes — Messrs . BaiT , Bonhara , Budd , 
Bunce. Childress, Davi? of Xodaway, Drake, 
Filley, Folmsbee, Gamble, Gilbert of Law- 
rence, Henderson, Hume, King-, Leonard. 
Linton, McKernan, ]McPher?on, Mack, 
Peck. Eankin, Strong, Sutton, Swearingen, 
and Weatherby— 25 . 

ISToES — Messrs. Bush, Clover. Dodson, 
Esther, Evans. Fletcher, Foster, Fulker- 
son. Gilstrap, Green, Holcomb. Holds worth, 
Holland. Mever, Bohrer, Smith of Mercer, 
Smith of \Yorth, Williams of Caldwell, Wil- 
liams of Scotland, and Mr. President — 20. 

Absext WITH Lkave — Messrs. Gilbert of 
Platte, Hughes, Husmann, Morton, New^- 
gent, St. Gem, and Thilenius — 7. 
' Absent without Leave — Messrs. Bed- 
ford, Davis of Xew Madrid, D'Oench, Eliis, 
Grammer, Martin, Mxdorf, Owens, and 
Switzler — 9. 

Sick — Messrs. Adams, Cowden, and 
Mitchell— 3. 

So the substitute was laid on the table. 

Mr. Gilstrap offered the following amend- 
ment : 

Amend first section, third line, after the 
word ' 'directed, ' ' by adding the following: 
' 'except the article oil the Bight of Sufirage, 
numbered article two, which is hereby 
declared in full force and eifect b}' the action 
of this Convention. ■ ' 

Which was declared out of order. 

On motion of Mr. Drake, the vote by 
which the follc^ing new" section was 
adopted was reconsidered : 

Amend by adding the following section: 
Sec. — . ']^ot withstanding any provision 
in the previous articles of this Constitution, 
the existing law of this State shall not be 
invalidated by this Constitution until alter 
the session of the General Assembh^ to be 
held in the ensuing month of ISToveinber. 

And, on motion, Mr. Drake was allowed 
to substitute in lieu thereof the following: 

Sec. — . Xotwithstanding any provision 
in the previous articles of this Constitution, 
no act of the General Assembly of this State 
shall be invalidated by this*^ Constitution 
until after the first session of the said Gen- 
eral Assembly, held after this Constitution 
takes efi'ect. 

Mr. Williams of Caldwell moved to in- 
definitelj" postpone the further consideration 
of the article on Provisions for putting the 
Constitution into Force. 

Mr. Drake moved to lay the motion of 
Mr. WiUiams of Caldwell, to indefinitely 



postpone, on the table, and on this motion 
Mr. WiLLiAZMS of Caldwell demanded the 
ayes and noes; and the vote being taken. 
Stood as follows : 

Ayes — Messrs. Barr, Bedford, Budd, 
Bunce. Childress. Davis of Xodaway, Dod- 
son. Drake, Esther, Filley, Fulkerson, 
Gamble, Gilbert of Lawrence, Gilstrap, 
Green, Holland. King, Leonard, Linton, 
McKernan. McPherson. Mack, Eankin, 
St]-ong, Sutton, and Williams of Scotland 
—26." 

Noes — Messrs. Bonham, Bush, Clover, 
Evans, Fletcher, Folmsbee. Foster, Hen- 
derson, Holcomb, Holdsworth. Hume, 
Meyer, Peck, Pohrer, Smith of Mercer, 
Smith of Worth, Swearingen, Weatherby, 
"Williams of Caldwell, and Mr. President 
—20. 

Absent WITH Leave — Messrs. Gilbert of 
Platte, Hughes, Husmann, Morton, NeAv- 
gent, St. G'^em, and Thilenius — 7. 

Absent ^^^TKOUT Leave — Messrs. Davis 
of IS ew Madrid, D'Oench, Ellis, Grammer, 
Martin, Nixdorf, Owens, and Sv^itzler- 8. 

Sick — Messrs. Adams, Cowden, and 
MitcheU— 3. 

So the motion to indefinitely postpone was 
laid upon the table. 

Mr. Drake offered the following amend- 
ment, which was adopted: 

Amend section four, line two, by insert- 
ing the word "immediately" before the 
word "certified." 

Mr. Strong offered the follo'Nmig amend- 
ment, which was adopted: 

Amend, by adding to section six, the fol- 
lowing words: Any person who shall falsely 
take, or, having taken, shall thereafter will- 
fully violate, the oath prescribed in this 
section, shall, upon conviction thereof, by 
any court of competent jurisdiction, be 
adjudged guilty of the crime of perjury, and 
shall be punished therefor in accordance 
with existing law. 

Mr. BoNHAM moved that the article be 
engrossed for a third reading; and, on that 
motion, demanded the previous question, 
which was sustained, and the article was 
ordered to be so engrossed . 

On motion of Mr. Barr, the militia ordi- 
nance was taken up . 

Mr. Barr offered the following amend- 
ment thereto , which was adopted : 

Strike out "thirtj^^-four," in line two, 
section four, and insert "thirty-two;" also 
"fifty," in same line, and insert "forty- 
six. '' 

Mr. Barr offered the following amend- 
ment, which was adopted: 



237 



Add, after the word "platoon," in lines 
two, three, and five, section thirteen, the 
words "or company." 

Mr. Baku oliered the following amend- 
ment, which was adopted: 

Add, after the word ' 'battalion, ' ' in lines 
two and fonr, section seventeen, the words 
' 'or reg-iment. ' ' 

31i'. Barr offered the following amend- 
ment, which was adopted: 

Strike ont, in line one, section eighteen, 
the words "lawful for," and insert in lieu 
thereof ' "the duty of. ' ' 



Mr. Barr olfered the following amend- 
ment, which was adopted: 

Strike out the word '•'county," in line 
nine, section eighteen, and insert "circuit.' ' 

Mr. Meyer offered the following amend- 
ment : 

Strikeout, after the word "officers," in 
second line, to the word "shall," in the 
fourth line. 

On motion of Mr. Bonham, the Conven- 
tion adjonrned until 9 o'clock to-morrow 
morning . 



SEVEMTY-SIXTHC D^Y. 



FRIDAY, April 7th, 1865. 



Convention met pursuant to adjournment, 
the President in the chan-. 

Prayer by Rev. Mr. McLain. 

Mr. Drake offered the following resolu- 
tion: 

Resolved^ That the Convention will meet at 
2 o'clock P. M. to-morrow, and proceed 
then immediately to the final vote on the 
adoption of the Constitution as a whole; 
when each member, who desires to explain 
his vote, shall have the privilege of doing so 
when his name is called on the roll, being- 
allowed three minutes for that purpose ; and 
any member who may not be ^'S'ithin the bai- 
of the Convention when his name is called, 
but who comes in before the vote is finally 
announced, shall have the privilege of 
recording his vote. 

Mr. Drake demanded the previous ques- 
tion on this resolution , which was sustained . 

The question then being on adopting Mr. 
Drake's resolution, Mr. Smith of Worth de- 
manded the ayes and noes thereon; and the 
vote being taken, stood as follows: 

Ayes— Messrs. Adams, Barr, Bonham, 
Budd, Bunce, Bush, Childress, Davis of 
Nodaway, Dodson, Drake, Estlier, Filley, 
Folmsbee, Foster, Fulkerson, Gilbert of 
Lawrence, Henderson, lloldsworth, Holland, 
Hume, King, McKeruan, McPherson, Peck, 
Rankin, Sniith of Mercer, Strong, Sutton, 
Swearingen, Swit/ler, Weatlierbv, Williams 
of Caldwell, Williams of Scotlaiul, and iMr. 
President— 34. 

jSToes — Messrs. Evans, Gamble, Green, 
Holcomb, Linton, Martin, Meyer, Rohrer, 
and Smith of Worth— 0. 



Absent with Leave — Messrs. Gilbert of 
Platte, Hughes, Husmann, Morton, New- 
gent, Nixdorf, St. Gem, and Thiienius — S. 

Absent without Leave — Messrs. Bed- 
ford, Clover, Davis of New Madrid, D'Oencii, 
Ellis, Fletcher, Gilstrap, Grammer, Leonard, 
Mack, and Owens — 11. 

Sick — Messrs . Cowden and Mitchell — 2 . 

So the resolution was adopted. 

On request of Mr. Rokrer, leave of ab- 
sence vv'as granted to Mr. Nixdorf for the 
balance of the session . 

Mr. Strong submitted the following 
report: 

The Committee on Engrossed Articles re- 
spectfully report that tliey have examined 
the article entitled Provisions for putting 
the Constitution into Force, and find the 
same correctlv engrossed . 

GEO. P. STRONG, Chalnnan. 

Mr. Drake offered the following amend- 
ments to said article, which were a'dopted: 

Amend by striking out section ten. 

Amend, on page Your, line nineteen, by 
striking out the words ' "next ensuing, ' * and 
inserting, after the v/ord "day," the words 
' -of said montli of. ' ' 

Fill the blank in the final sentence with 
the word "eighth." 

Mr. Drake moved that the article on Pro- 
visions for putting the Constitution into 
force be read a third time and adopted; and 
on this motion demanded the previous 
(piestion, which was sustained. 

The question then being on the adoption 
of the article, Mr. Drake demanded the 



238 



ayes and noes; and the vote being- taken, 
stood as folio vrs: 

Ayes — Messrs. Adams, Barr, Bedford, 
Bonham, Budd, Bnnce, Bush, Davis of 
Nodawa}', Dodson, D'Oench, Drake, Ellis, 
Esther, Evans, Filley. Fletcher, Folmsbee, 
Foster, Fnlkerson, Gamble, Gilbert of Law- 
rence, Green, Henderson, Holdsworth, 
Hume, King, McKernan, McPherson, Peck, 
Ran kin, Eohrer, Smith of Mercer, Strong, 
Sutton, Swearingen, Switzler, Weatherby, 
and Williams of Scotland — 38. 

Noes — Messrs. Holcomb. Holland, Linton, 
Martin, and Smith of Worth — 5. 

Absext with Leave — Messrs. Gilbert of 
Platte, Hughes, Husmann, Morton, New- 
gent, Nixdorf, St. Gem, and Thilenius — 8. 

Absext without Leave — 3Iessrs. Chil- 
dress, Clover, Davis of New Madrid, Gil- 
strap, Grammer, Leonard, Mack, Meyer, 
Owens, Williams of Caldwell, and Mr. Presi- 
dent— 10. 

Sicx— Messrs. Cov\'den and Mitchell — 2. 

So the article was adopted, and referred to j 
the E.evisino- Conmiittee. ! 



Mr. Drake, chairman of the Eevising 
Committee, made the following report: 

Mr. Presidext: The Eevising Commit- 
tee, to whom was referred the article entitled 
Provisions for putting the Constitution 
into Force, beg leave to report the same 
back vfithout amendment. 

CD. DEAIvE, Chairman. 

Mr. Drake moved that said article be read 
the last time, put upon its final passage, and 
ordered to be enrolled as a part of the Con- 
stitution; on which motion he demanded the 
previous question, which was sustained. 

The question then being on the final adop- 
tion of said article, Mr. Drake demanded the 
ayes and noes; and the vote being taken, 
stood as follows : 

Ayes-- Messrs. Adams, Barr, Bedford. 
Bonham, Jtiudd, Bunce, Childress, Davis of j 
Nodaway, Dodson. D'Oench, Drake, Ellis, ! 
Esther, '^Evans, Filley, Folmsbee, Fulker- j 
son. Gamble, Gilbert of Lawrence, Hender- 
son, Iloldsvv'oith, Hume, King, McPherson, 
Mack, Martin, Peck, Eankin. Smith of Mer- 
cer, Strong, Sutton, Swearingen, Switzler, 
Weatherby, and Williams of 'Scotland — 35. 

Noes — Messrs. Bush, Fletcher, Foster, 
Holcomb. Holland, Linton. Mever. Eolu-er, 
and Smith of Worth— 9. 

Absext with Leave— Messrs. Gilbert of 
Platte, Hughes, Husmann, Morton, New- 
gent, Nixdorf, St. Gem, Thilenius, and 
Mr. President— 9. 

Abs EXT witho ut Le AVE — Mcssr s. Clover , 
Davis of New Madrid, Gils trap, Grammer, 
Green, Leonard, McKernan, Owens, and 
Williams of Caldwell— 9. 

Sick — Messrs . Co wden and Mitchell — 2 . 



So the article was adopted, and ordered to 
be enrolled as a part of the Constitution. 

On motion of Mr. Barr, the militia ordi- 
nance was taken up, with the pending 
amendment: 

Strike out, after the word "officers," in 
the second line, to the word • 'shall, ' ' in the 
fourth line. 

On request of Mr. Drake, leave of absence 
was granted to himself and Messrs. Holland 
and Switzler, to superintend tlie enrollment 
of the Constitution . 

Mr. HoLLAXD moved the previous ques- 
tion, which was sustained bj'' the Convention. 

The question then being on the pendirjg 
amendment ofi'ered by Mr. Mej'er, to strike 
out, after the word ' 'officers," in the second 
line, to the word "shall," in the fourth 
line, Mr. Holcomb demanded the ayes and 
noes; and the vote being- taken, stood as 
follows : 

Ayes — Messrs. Adams, Bunce, Da^is of 
Nodaway, Evans, Fletcher, Folmsbee, Fnl- 
kerson, Gilbert of Lawrence, Holcomb, 
Holdsworth, Holland, Martin, Meyer, Peck, 
Eohrer, Sutton, Swearingen. VYeatherby, 
Williams of Caldwell, and Williams of Scot- 
land— 20. 

Noes — Messrs. Barr, Bedford, Bonham, 
Budd, Bush, Childress, Dodson, Ellis, 
Esther, Filley, Gamble, Henderson, Hume, 
King, Linton, McKernan, McPherson, 
Mack, Eankin, Smith of Mercer, Smith of 
Worth, Strong, and Switzler — 23. 

Absext WITH Leave— Messrs. Drake, Gil- 
bert of Platte, Hughes. Husmann, 3Iorton, 
Newffent, Nixdorf, St. Gem, Thilenius, and 
Mr. President— 10. 

Absext without Leave — Messrs. Clover, 
Davis of New Madrid, D'Oench, Foster, 
Gilstrap, Gi'ammer. Green, Leonard, and 
Owens— 9. 

Sick — Messrs. Co wden, and Mitchell — 2. 

So the amendment was rejected. 

Mr. Folmsbee offered the following as a 
substitute for the ordinance on militia: 

Be it ordained by tlte People of the State of Mis- 
souri^ in Convention assembled^ as follotos : 
Sectiox 1 . That the act entitled ' 'An act for 
the oi"ganization and government of the 
Missouri militia, " passed by the General 
Assembly of 1865, and approved February 
10, 1865, be, and is hereby, abrogated. 

Sec. 2. The Governor shall have power to 
commission not more than two brigadier 
g-enei-als, and to take such other steps as may 
be necessary to create an efficient militia 
organization^ for the State, by volunteer 
enlistment or othei-wise. 

Sec. 3. The General Assembly shall have 
power to modify or repeal this ordinance 
whenever they inay deem it proper to do so. 



239 



Mr. Baer moved to lay the said substitute 
iipou the table, on which motion Mr. Weath- 
ERBY demanded the ayes and noes; and 
the vote being- taken, stood as follows: 

Ayes — Messrs. Adams, Barr, B-add, Hen- 
derson, Holland, King, Linton. McKernan, 
McPlierson, iSiardn, and Williams of Scot- 
laud— 11. 

KoES — Messrs. Bedford, Bonham, Bnnce, 
Bush, CliildrebS, Clover, Davis of Xodaway. 
Dodson. Ellis, Esther, Evans, Filley, 
Fletcher, Folmsbee, Foster, Fulkerso'n, 
Gilbert of Lawrence, Holeomb, Holdsworth. 
Hume, Mack, Mever, Peck, Eankin, 
E.ohrer, Smith of Mercer, Smith of Worth, 
Strong, Sutton. Swearingen, Weatherbv, 
and Williams of Caldwell— 32. 

Absent with Lkave — Messrs. Drake, 
Gilbert of Platte, Hughes, Husmann, Mor- 
ton, Newgent, Mxdorf, St. Gem, Thile- 
nius, and Mr. President — 10. 

Absent without Leave — Messrs. Davis 
of :New .Madrid, D'Oench. Gamble, Gilstrap. 
Grammer. Greei:, Leonard, Owens, and 
Switzler — 9 . 

Sick — Messrs. CoAvden and Mitchell— 2. 

So the Convention refused to lay the sub- 
stitute on the table. 

Mr. Weatherby offered the following 
resolution : 

Resolved, That the Committee on Accounts 
be authorized to pay to the doorkeeper such 
amount for extra labor rendered by him to 
this Convention, in keeping the book of 
accounts, writing out of checks, warrants, 
and such other extra labor bj' him performed, 
as they may deem just. 

On which Mr. Weatherby demanded the 
previous question, which was sustained, and 
the resolution was adopted. 

Mr. Williams of Caldwell offered the fol- 
lowing resolution , which was adopted : 

Resolved. That the Assistant Secretary of 
this Convention be allowed the same paj^ as 
is allowed to the Secretary. 

Mr. Childress offered the following reso- 
lution : 

Resolved, That no member of this Conven- 
tion shall receive pay (except in case of sick- 
ness) for any day or days that he shall have 
been, or may hereafter be, absent from and 
disconnected with the legal business of said 
Convention. 

]Mr. Fllctcher moved to lay the resolution 
on the table, on which motion Mr. Clover 
demanded the nyes and noes ; and the vote 
being taken, stood as follows: 

Ayes — Messrs. Adams, Bedford, Bush, 
Clover, Esther, Fletcher, Folmsbee, Holds- 
worth, Holland, Hume, McPherson, Switz- 
ler, Weatherby, and Mr. President— 14. 



Noes — Me=;srs. Barr, Bonham, Budd, 
Childress, Davis of Nodaway, Dodson, 
Drake, Evans, Filley, Fulkersbn, Gamble, 
Gilbert of Lawrence, Henderson, Holeomb , 
King, Linton, McKernan, Mack. Peck, 
Kankin, E.ohrer, Smith of Mercer, Smith of 
Worth, Strong, Sutton, Swearingen, Wil- 
liams of Caldwell, and Williams' of Scot- 
land— 28. 

Absent with Leave — Messrs. Gilbert of 
Platte, Hughes, flusmann, Morton, New- 
gent, Nixdorf, St. Gem, and Thileniu? — 8. 

Absent without Leave — Messrs. Bunce, 
Davis of New Madrid, D'Oench, Ellis, 
Foster. Gilstrap, Grammer, Green, Leonard, 
Martin, Meyer, and Owens — 12. 

Sick — Messrs. Cowden and Mitchell — 2. 

So the Convention refused to lay the reso- 
lution on the table. 

Mr. Clover moved that the Convention 
adjourn, and on his motion demanded the 
aj^es and noes; and the vote being taken, 
stood as follows : 

Ayes — Messrs. Adams, Bedford, Bush, 
Childress, Clover, Drake, Esther, Evans, 
Fletcher, Fulkerson, Henderson, Holland, 
Hume, King, Linton, McKernan, McPher- 
son, Mack,' Meyer, Peck, Eankin, Eohrer, 
Smith of Mercer, Smith of W^orth, Strong, 
Sutton, Swearingen, Switzler, and Mr. 
President— 29. 

Noes — Messrs. Bonham, Davis of Noda- 
way, Dodson. Filley, Gamble, Gilbert of 
Lawrence, and Williams of Scotland — 7. 

Absent with Lrave — Messrs. Gilbert of 
Platte, Hughes. Husmann, Morton, New- 
gent, Nixdorf, St. Gem, and Thilenius — S. 

Absent without Leave — Messrs. Barr. 
Budd, Bunce, Davis of New Madrid, 
D'Oench, EUis, Folmsbee Foster, Gilstrap, 
Grammer, Green, Holeomb. Holdsworth. 
Leonard, Martin, Owens, Weatherbv, and 
Williams of Caldwell— 18. 

Sick — Messrs. Cowden and Mitchell — 2. 

So tlie Convention adjouined until half- 
past 2 o'clock P.M. 



AFTEENOON SESSION. 

Convention met pursuant to adjournment, 
the President in the chair. 

On motion of Mr. Barr, the militia ordi- 
nance, with the substitute and amendments 
thereto, was taken up. 

Mr. Folmsbee withdrew his substitute. 

Mr. Dodson offered the following- amend- 
ment to the militia ordinance: 

Amend section two, line four, by insert- 
ing, after t>e word ••schools," tlie words 
'•when actually emjiloyed as such;" and by 
inserting,aft(M-"the word • 'gospel . ' " the word 

• 'and;' ' and by striking out. after the wo7"d 

• 'physicians, ' "" in the same line, the words 

• 'and railroad employes. ' ' 



240 



Mr. Bo^^HAM moved the previous question, 
which was sustained. 

The question then being- on the amendment 
of Mr. Dodson, Mr. Bonham demanded the 
aj'es and noes thereoii; and the vote being 
taken, stood as follows : 

Ayes — Messrs. Adams, Barr, Bedford, 
Bunce, Childress, Clover, Dodson, Evans, 
Hume, McKernan, Alack, Eankin, Smith of 
Mercer, Stron^-, AFeatherln^ Williams of 
Caldwell, and Mr. President — 17. 

XoES — Messrs. Bonliani, Budd, Bush, 
Davis of Nodaway, D'Oench, Ellis, Folms- 
bee, Fulkerson, Gilbert of Lawrence, Hol- 
comb, Iloldsworth, King, Linton, McPlier- 
sou, Martin, Mej^er, Peck, Smith of Worth, 
Sutton, and Swearingen — 20. 

Absent WITH Leave — Messrs. Drake, Gil- 
bert of Platte, Holland, Hughes, Husniann, 
Morton, Xewgent, St. Gem, and S^^itzler — 9. 

Absent v\-ithout Leave — Messrs. Davis 
of Xew Madrid, Esther, Filley, Fletcher, 
Foster, Gamble, Gilstrap, Grammer, Green, 
Henderson, Leonard, Nixdorf, Owens, 
Pohrer. Thilenius, and Wilhams of Scot- 
land— 1(3. 

Sick — Messrs. Cowden and Mitchell — 2. 

So the amendment of Mr. Dodson was not 
adopted. 

Mr. Barr offered the folio vring substitute 
for section five of the ordinance on militia, 
which was adopted : 

Platoons and companies, as soon as 
oro-anized, shall elect^ their commissioned 
othcers; which officers, together with all 
brigade, regimental and staff officers ap- 
pointed by the Governor, and all non- 
commissioned company officers, shall, before 
commissions or warrants (as the case may 
be) shall issue to them, take and subscribe 

the following oath: ''I, A. B., aged 

years, of the county of , in the State 



of Missouri, and a native of 



do. on 



oath (or affirmation), declare that I have 
not, during the present rebellion, taken up 
arms or levied war against the United 
States, nor against the State of Missouri; 
nor have VNillfully adhered to the enemies of 
either, whether '^ domestic or foreign, by 
giving them aid and comfort by denouncing 
said governments, or either of them; by 
going into or favoring, or encouraging- others 
to go into or favor, secession, rebellion, or 
disunion; but have always, in good faith, 
opposed the same; and further, that I will 
sui^port, protect, and defend the Consti- 
tution of the United States, and of the 
State of Missouri, against all enemies or 
opposers, whether domestic or foreign — any 
ordinance, law or resolution of au}^ State 
convention or legislature, or of anj^ oVder or 
organization, secret or otherwise, to the 
contrar}^ notwitlistanding; arid that 1 do 
this with an honest purpose, pledge, and 
determination, faithfully to perform the 



same, without any mental reservation or 
evasion whatever, so help me God. ' ' 

Mr. Gilbert of Lawrence offered the fol- 
lowing amendment: 

Amend section twenty-two by striking out 
all after the word ' 'men, " in the first hue, 
to the word ' 'and, ' ' in the second line. 

Which Vv^as read , and , on motion , laid on 
the table . 

Mr. Bush offered the following amend- 
ment, which was adopted: 

Amend section twenty-eight lyj adding 
the following : ' ' and may at any time amend 
or repeal this ordinance. ' ' 

A[r. AIack offered the follomng amend- 
ment: 

Amend section two by adding at the end 
thereof the following words: All persons 
who have performed military duty in the 
militar}" service of the United States, or of 
this State, shall be exempt from service in 
the militia for the same length of time that 
thej^ may have served in the United States 
or State service, and have been honorably 
discharged. 

Mr. Krekel offered the follomng amend- 
ment, which w^as adopted: 

Add at the end of third section : ' ' and all 
enrollments heretofore made, under existing 
laws, shall be taken and considered as made 
under this ordinance . ' ' 

Mr. Clover demanded the previous ques- 
tion, which was sustained. 

The question then being on the amend- 
ment of Mr. Mack, it was disagreed to. 

Mr. Clover demanded the previous ques- 
upon the ordinance, Vv^hich was sustained. 

The question then being on engrossing 
the militia ordinance, it was ordered to be 
engrossed for a third reading . 

On motion of Mr. Strong, the article on 
Railroad Indebtedness, with the pending 
amendment thereto offered loy himself, was 
taken uj) . 

Mr. Green offered the folio vmig resolu- 
tion : 

Resolved, That the further consideration 
of the article on Railroad Indebtedness, and 
pending amendments, be indefinitely ]30st- 
poned. 

On wbich, Mr. Green demanded the pre- 
vious question, which was sustained. 

The question then being on adopting the 
resolution of Mr. Green, Mr. Budd de- 
manded the ayes and noes thereon; and the 
vote being taken, stood as follows: 



241 



Ayes — Messrs. Bedford, Bush, Clover, 
Davis of Nodaway, Dodsoii, Drake, Esther, 
Fillej", Foster, Gilbert of Lawrence. Green, 
Holcomb, Holland, Linton, McKernan, 
Martin, Meyer, Peck, Sutton, and Mr. 
President— 20. 

]S"oES — Messrs. Adams, Barr, Bonham, 
Budd, Childress, Evans, Folmsbee, Fulker- 
sou. Gamble, Henderson, Hume, King, 
McPherson, Mack. Rankin, Smith of Mercer, 
Strong, Swearingen, Williams of Caldwell, 
and Williams of Scotland — 20. 

Absent v/itii Leave — Messrs. Gilbert 
of Platte, Hughes, Husmann, Morton, New- 
gent, St. Gem, Switzler, and Thilenius — 8. 

Absent without Leave — Messrs. Buiice, 
Davis of New Madrid, D'Oench, Ellis, 
Fletcher, Gilstrap, Grammer, Holdsworth, 
Leonard, Nixdorf, Owens, Kohrer, Smith 
of Worth, and Weatherby— 14. 

Sick — Messrs. Cowden and Mitchell — 2. 

So the resolution was not adopted . 

The question then recurring on the 
pending amendment of Mr. Strong, it was 
disagreed to . 

Mr. BoNHAM offered the following substi- 
tute for section four on Railroad Indebted- 



Should any railroad company fail to com- 
pl}^ witli the provisions of this article, the 
General Assembly shall provide by law for 
the sale of all railroads which have hereto- 
fore failed, or shall hereafter fail, to pay 
the interest now due, or to become due, on 
any State bonds heretofore issued to aid in 
the construction of any such railroad. After 
the sale of any railroad, rolling-stock, or 
apparatus thereto belonging, wherein sale 
was made and such road was purchased by 
the State, on foreclosure of morto-age by the 
State, for the non-payment of principal and 
interest due on said bonds, the General As- 
sembly is hereby prohibited from compound- 
ing with any company or companies who 
may be in possession of said road or roads 
at the time of such sale; unless said company 
or companies pay to the State, in Missouri 
State bonds, or cash, the araouut due the 
State as interest on said bonds; and there- 
after interest on said bonds shall be paid in 
advance , semi-annually. 

The question being on this amendment, 
Mr. Bonham demanded the ayes and noes 
thereon; and the vote being taken, stood as 
follows: 

Ayes — Messrs. Barr, Bedford, Bonham, 
Budd. Childress, Davis of Nodaway, Esther, 
Evans, Falkerson, Gamble, Gilbert of Law- 
rence, Henderson, McPhei-son, Mack, Peck, 
Rankin, Smith of Worth, Strong, Sutton, 
Swearingen, Williams of Caldwelt, Williams 
of Scotland, and Mr. President — 23. 

Noes — Messrs. Adams, Bunce, Bush, 
Clover, Dodson, Drake, Filley, Foster, 
Gilstrap, Green, Holland, Hume, King, 





Linton, McKernan, Martin, Meyer, and 
Smith of Mercer— 18. 

Absent with Leave — Messrs. Gilbert of 
Platte, Hughes, Husmann, Morton, New- 
gent, St. Gem, and Switzler— 7. 

Absent without Leave — Messrs. Davis 
of New Madrid, D'Oench, Ellis, Fletcher, 
Folmsbee, Grammer, Holcomb, Holds- 
worth, Leonard, Nixdorf, Owens, Rohrer, 
Thilenius, and Weatherby — 14. 

Sick — Messrs. Cowden and Mitchell— 2. 

So the substitute was adopted. 

Mr. Bonham moved that the article on 
R,ailroad Indebtedness be engrossed for a 
third reading. 

Mr. Clover moved to adjourn, and on this 
motion Mr. Bonham demanded the ayes and 
noes; and the vote being taken, stood as 
follows : 

Ayes — Messrs. Barr, Bedford, Clover, 
Foster, Gilbert of Lawrence, Green, Hol- 
land, Hume, Martin, and Meyer — 10. 

Noes — ^Messrs. Adams, Bonham, Budd, 
Bunce, Bush, Childress, Davis of Nodaway, 
Dodson, Drake, Esther, Evans, Filley, Ful- 
kerson. Gamble, Gilstrap, Henderson, King, 
Linton, Mack, Peck, Rankin, Smith of 
Mercer, Smith of Worth, Strong, Sutton, 
Swearingen, Williams of Caldwell, Williams 
of Scotland, and Mr. President — 29. 

Absent with Leave— Messrs. Gilbert of 
Platte, Hughes, Husmann, Morton, New- 
gent, Nixdorf, St. Gem, and Thilenius— 8. 

Absent without Leave — Messrs. Davis 
of New Madrid, D'Oench, Ellis, Fletcher, 
Folmsbee, Grammer, Holcomb, Holdsworth, 
Leonard, McKernan, McPherson, Owens, 
Rohrer, Switzler, and Weatherbj^— 15. 

Sick — Messrs. Cowden and Mitchell — 2. 

So the Convention refused to adjourn. 

Mr. Bonham demanded the previous ques- 
tion, which was sustained. 

The question then being on engrossing the 
article on Railroad Lidebtedness, Mr. Clo- 
ver demanded the ayes and noes; and the 
vote being taken, stood as follows: 

Ayes — Messrs. Adams, Bonham, Budd, 
Childress, Evans, Gamble, Gilstrap, Hen- 
derson, McPherson, Mack, Peck, Rankin, 
Smith of Worth, Strong, Sutton, Swearin- 
gen, AVilliams of Caldwell, and Williams of 
Scotland — 18. 

NoKS— Messrs. Bedford, Bush, Clover, 
Davis of Nodaway, Dodson. Drake, Esther, 
Filley, Foster, Fulkerson. Gilbert of Law- 
rence, Holland, Hume, King, Linton. ]\[ar- 
tin, Meyer, Smith of Mercer, and Mr. 
Presidcnt^ — 19. 

AnsENrwiTii Leave — ]N[essrs. Cilbert ot 
Platte, Hughes, Husmann, ]\[oi'ton. New- 
gent, Nixdorf, St. Gem, and Thilenius — 8. 

Absknt without Leave- Messrs. Barr, 
Bunce, Davis of New ^ladrid. l)\>eneh, 
Ellis, Fletcher, Folmsbee, Grammer. Green, 
Holcomb, Holdsworth, Leonard, Melvernau, 



242 



Owens, Rolirer, Switzler, and Weatherby 
—17. 

Sick— Messrs. Cowden and Mitchell — 2. 

So tlie motion to engross was rejected. 

Mr. BoxHAM introduced the following 
article on Railroad Indebtedness, which was 
read the first time : 

Section 1. All railroad companies within 
this State, and indebted to it on account of 
money, bonds, guarantees or other securi- 
ties loaned by tiie State, shall pay the an- 
nual interest in Missouri State bonds, or 
lawful funds of the United States, on all 
such money, bonds or guarantees due the 
State, on the first day of January in each 
year, after 1865; and in default of such pay- 
ment, by any railroad company, of principal 
and interest, such defalcation shall be held 
and taken as a forfeiture of the road or 
roads to the State; and the General Assem- 
bly shall provide to sell such forfeited road 
or roads at public sale, to the highest bidder, 
and the money accruino- from such sale shall 
be applied to the liquidation of the liabil- 
ities of the road sold. 

Sec. 2. That all foreclosures of liens or 
mortgages by the State against any railroad 



company in whose favor State bonds have 
been issued, wherein the State becomes the 
purchaser, at such sale or foreclosure the 
State shall take, hold, and retain the 
possession of the same until a sale of such 
road can be effected for the best interests of 
the State. 

Sec. 3. After the sale of any railroad, 
rolling-stock, or appurtenances thei'eto be- 
longing, wherein sale was made and fore- 
closed by the State, on foi-eclosure of mort- 
gage by the State, for the non-payment of 
principal or interest due on bonds issued by 
the State to aid in the construction of said 
road, the General Assembl}^ is herebj^ pro- 
hibited from compromising with any com- 
panj^ or companies in possession of said 
road, at the time of said sale of such road, 
unless said company or companies pay to 
the State, in Missouri railroad bonds, or cash, 
the amount due the State as interest on 
said bonds; and thereafter the interest shall 
be paid in advance, semi-annually. 

Pending the consideration of which, 
on motion of Mr. Clover, the Conven- 
tion adjourned until 9 o'clock to-morrow 
mornino'. 



SEVENTY-SEVENTH DA.Y. 



Convention met pursuant to adjournment, 
the President in the chair. 

The pending resolution of Mr. Childress 
was taken up, which was modified by him 
to read as follows : 

Resolved, That no member of this Conven- 
tion shall receive pay (except in case of sick- 
ness) for any daj^ or days that he shall have 
been, or may hereafter be, absent from and 
disconnected ^\ith the legal business of said 
Convention, since the first day of March. 

Mr. Clover moved to reject the resolu- 
tion of Mr. Childress, and called for the 
previous question, which was sustained, and 
the resolution was rejected. 

Mr. Drake offered the following ordi- 
nance, v/hich was read the first and second 
time: 

AN ORDINANCE PROVIDING FOR OBTAINING THE 
VOTES OP MISSOURI SOLDIERS ON THE CONSTI- 
TUTION. 

Be it ordained by the People of the State of 
Missouri^ in Conventio7i assembled, as fol- 
lows : 

Section 1. The Governor of this State is 
reqmi-ed, on or before the 15th day of May 



SATUEDAY, April 8th, 1865. 

next, or immediately thereafter, to send 
messengers to the clifiei-ent points where 
there are citizens of this State, beyond the 
limits thereof, in the volunteer army of the 
United States , in order to obtain the votes of 
such persons upon the adoption or rejection 
of the Constitution adopted by this Conven- 
tion. The said messengers shall be pro- 
vided with duly-prepared poll-book? for said 
election, the expense whereof, and also the 
compensation of such messengers, and all 
other expenses connected Hvith sending sucli 
messengers, shall be certified by the" Gov'- 
ernor, and the State auditor shall draw his 
warrant upon the treasurer for all amounts 
so certified, payable out of any money in the 
treasury not otherwise appropriated.' 

To which Mr. Gilstrap offered the fol- 
lowing amendment, which was adopted: 

Sec. 2. That such number of copies of 
the new Cojistitution adopted by this Con- 
vention, as the Governor may think neces- 
sary to a proper understanding of the Con- 
stitution, shall be sent to the Missouri sol- 
diers with such messengers. 

Mr. Drake moved that the rules be sus- 
pended, that the ordinance as amended be 
considered as engrossed, and read a third 
time now, which was agreed to. 



243 



The question then being npon the final 
passage of the ordinance, jNIi". Deake de- 
manded the ayes and noes thereon; and the 
vote being taken , stood as follows : 

Ayes— Messrs. Adams, Barr, Bedford, 
Boiiham, Budd, Bush, Childress, Clover, 
Davis of Nodaway, Dodson, Di-ake, Esther, 
Evans, Folmsbee, Fostei", Gamble, Gilbert 
of Lawrence, Gilstrap, Green, Henderson, 
Holcomb, Holdsworth, Holland, Hume, 
Husmann, King, Leonard, Linton, MePher- 
son, Mack, Martin, Peck, Eankin, Rohrer, 
Smith of Mercer, Strong, Sutton, Swear- 
Ingen, Switzler, Weatlierby, Williams of 
Caldwell, Williams of Scotland, and Mr. 
President— 43. 

Noes — None . 

Absent with Leave — Messrs. Gilbert of 
Platte, Hughes, Meyer, Morton, Newgent, 
Nixdorf, St. Gem, and Thilenius— 8. 

Absent without Leave — Messrs. Bunce, 
Davis of New Madrid, D'Oench, Ellis, 
Filley, Fletcher, Fulkerson, Grammer, 
McKernan, Owens, and Smith of Worth 
—11. 

Sick — Messrs. Cowden and Mitchell— 2. 

So the ordinance was adopted. 

Mr. Drake offered the following resolu- 
tion, which was adopted: 

Resolved, That the ordinance providing 
for obtaining the votes of Missouri soldiers 
on the Constitution, be enrolled, and 
signed by the President and attested by the 
Secretary, and deposited in the office of the 
Secretary of State. 

Mr, Strong offered the following ordi- 
nance as a substitute for the article on Rail- 
road Lidebtedness : 

AN ordinance for THE PAYMENT OP STATE 
AND railroad INDEBTEDNESS. 

Be it ordained by the eople Pof the State of 
Missou?'i, in Convention assembled^ as fol- 
lows : 

Section 1. There shall be levied and col- 
lected from the Pacific Railroad Company, 
the North Missouri Railroad Company, and 
the St. Louis and Iron Mountain Railroad 
Company, an annual tax of ten per centum of 
all their gross receipts for tlie transportation 
of freight and passengers (not including 
amounts received from.'and taxes paid to, the 
United States), from tlie first of October, 
1866, to the first of October, 1868, and fifteen 
per centum thereafter; which tax shall be 
assessed and collected in the county of St. 
Louis, in the same manner as other State 
taxes are assessed and collected, and shall 
be appropriated by the General Assembly 
to the payment of the principal and interest 
now due, or hereafter to become due, npon 
the bonds of the State, and the bontls guar- 
anteed by tlie State, issued to the aforesaid 
railroad companies. 

Sec. 2. A like tax of fifteen per centum 



shall be assessed and collected from the 
Hannibal and St. Joseph Railroad Company, 
and from the Platte Country Raili-oad Com- 
pany, whenever default is made by said 
companies, or either of them, in the pay- 
ment of the interest or principal of the 
bonds of the State, or the bonds guaranteed 
by the State, issued to said companies, 
respectively; which tax shall be assessed 
and collected in such manner as the General 
Assembly may by law direct, and shall be 
applied for the payment of principal and 
interest of said bonds, as the same mav 
become due and payable. 

Sec. 3. The tax in this ordinance speci- 
fied shall be collected from each company 
hereinbefore named only for the payment of 
the principal and interest of the bonds for 
the payment of which such company shall 
be liable; and wdienever such bonds and 
interest shall have been fully paid, no 
fui-ther tax shall be collected from such com- 
pany; but nothing shall be received by the 
State in discharge of any amounts due upon 
said bonds, except cash, or other bonds or 
obligations of this State. 

Sec. 4. Should either of said companies 
refuse or neglect to pay said tax, as herein 
required, and the interest or principal of 
an3^ of said bonds, or any part thereof, 
remain due and unpaid, the General Assem- 
bl,y shall provide bj^ law for the sale of the 
railroad and other property, and the fran- 
chises of the company, that shall be thus in 
default under the lien reserved to the State ; 
and shall appropriate the proceeds of such 
sale to the payment of the amount remain- 
ing due and unpaid from said company. 

Sec. 5. Whenever the State shall become 
the purchaser of any railroad or other prop- 
erty, or the franchises, sold as hereinbefore 
provided for, the General Assembly shall 
provide by law in what manner the same 
shall be sold for the payment of the indebt- 
edness of the railroad company in default; 
but no railroad or other property, or fran- ■ 
chises, purchased by the State', shall be 
restored to any such company until it shall 
have first paid, in money or in Missouri 
State bonds, or in bonds guai-anteed bj' this 
State, all interest due from said company; 
and all interest thereafter accruing shall be 
paid semi-annually, in advance; and no sale 
or other disposition of any such railroad or 
other property, or the franchises, sliall be 
made without reserving a lien upon all the 
property and fVanchises thus sold or disposed 
of for all sums remaining unpaid; and all 
payments therefor shall be made in money, 
or in tlie bonds or other obligations of this 
State. 

Sec. 6. The General Assembly shall pro- 
vide by law for the payment of all State 
indebtedness not hereinbefore provided for, 
and for this purpose a tax of one-quarter of 
one per centum on all real estate and other 
property ami effects, subject to taxation, 
shall be^issess(>d ami collected, and shall bo 
appropriated for the paymenf of all such 
indebtedness that mav liave matured: and 



^ 244 



the surplus, if any, shall be set apart as a 
sinking fund for the paj^ment of the obliga- 
tions of the State that may hereafter become 
due, and for no other purpose whatsoever. 

Mr. Deake, chairman of the Enrolling 
Committee, made the following report: 

Mr. President : The Enrolling Committee 
report the ordinance providing for obtaining 
the votes of Missouri soldiers on the Consti- 
tution as truly enrolled. 

CD. DEAKE, Chairman. 

On which the ordinance was signed by the 
President and attested by the Secretary, in 
l^resence of the Convention. 

After debate, Mr. Dodsox demanded the 
previous question, which was sustained. 

The question then being on the adoption 
of the substitute for the article on Railroad 
Indebtedness, offered by Mr. Strong, Mr. 
BoNHAM demanded the ayes and noes thereon ; 
and the vote being taken, stood as follows: 

Ayes— Messrs'. Adams, Bedford, Bonham, 
Budd, Childress, Davis of Nodaway, Evans i 
Folmsbee, Gamble, Henderson, Holdsworth, 
flume, King, McPherson, Mack, Peck, 
Bankin, Smith of Mercer, Strong, Sutton, 
Weatherby, Williams of Caldwell, Williams 
of Scotland, and Mr. President — 24. 

jSToes — Messrs. Barr, Bush, Dodson, 
D'Oench, Esther, Filley, Gilbert of Law- 
rence, Holcomb, Husmann, Linton, Rohrer, 
and Swearingen — 12. 

Absent with Leave — Messrs. Drake, Gil- 
bert of Platte, Holland, Hughes, Meyer, 
Morton, Newgent, St. Gem, and Switz- 
ler— 9. 

Absent without Leave — Messrs. Bunce, 
Clover, Davis of New Madrid, Ellis, Fletcher, 
Foster, Gilstrap, Grammer, Green, Leonard, 
McKernan, Martin, Mxdorf, Owens, and 
Thilenius— 15. 

Sick — Messrs. Cowden, Fulkerson, 
Mitchell, and Smith of Worth— 4. 

So the substitute foi- the ordinance was 
adopted. 

Mr. Bonham moved that the ordinance on 
Railroad Indebtedness be engrossed for a 
third reading; and on that motion demanded 
the preAious question, w^hich was sustained. 

The question then being on engrossing the 
said ordinance, Mr. Holcomb demanded the 
ayes and noes thereon; and the vote being 
taken , stood as follows : 

Ayes— Messrs. ;Barr, Bedford, Bonham, 
Budd, Childress, Davis of Nodaway, Evans, 
Folmsbee, Gamble, Henderson, Holds- 
worth, Hume, King, McPherson. Mack, 
Peck, Rankin, Smith of Mercer, Strong, 
Sutton, Swearino^en, Weatherby, WiUiams 
of Caldwell, WUIiams of Scotland, and Mr. 
President — 25. 



Noes— Messrs. Bush, Dodson, D'Oench, 
Esther, Filley, Gilbert of Lawrence, Hol- 
comb, Husmann, Linton, and Rohrer — 10. 

Absent with Leave — Messrs. Drake, Gil- 
bert of Platte, Holland, Hughes, Mever, 
Morton, Newgent, Nixdorf, St. Gem, 'and 
Svdtzler— 10. 

Absent without Leave — Messrs. Adams, 
Bunce, Clover Davis of New Madrid, Ellis, 
Fletcher, Foster, Fulkerson, Gilstrap, 
Grammer, Green, Leonard, McKernan, 
Martin, Owens, and Thilenius— 16. 

Sick — Messrs. Cowden, Mitchell, and 
Smith of Woi-th- 3. 

So the ordinance was ordered to be 
engrossed . 

Mr. Childress offered the following reso- 
lution : 

Resolved^ That no member of this Con- 
vention, who shall have been absent A\ith- 
out leave since the first day of March last, 
shall be entitled to any pay for the time he 
shall have been so absent,' except in case of 
sickness. 

Mr. Childress demanded the previous 
question, which was sustained. 

The question then being on the adoption 
of said resolution, Mr. Evans demanded the 
ayes and noes thereon; and the vote being 
taken, stood as follows: 

Ayes — Messrs. Barr, Bush, Childress, 
D'Oench, Evans, Filley, Gilbert of Law- 
rence, Green, Holdsworth, Husmann, Lin- 
ton, McPherson, Mack, Peck, Rankin, 
Sutton, Swearingen, Williams of Scotland, 
and Mr. President. — 19. 

Noes — Messrs. Adams, Bedford, Davis of 
Nodaway, Dodson, Ellis, Esther, Folmsbee, 
Gamble, Holcomb. Hume, King, McKer- 
nan, Rohrer, Smith of Mercer, Strong, 
Weatherby, and "Williams of CaldAvell — 17. 

Absent WITH Leave— Messrs. Drake, Gil- 
bert of Platte, Holland, Hughes, Meyer, 
Morton, Newgent, Nixdorf, St. Gem, and 
Switzler— 10. 

Absent vaTHOUT Leave — Messrs. Bon- 
ham, Budd, Bunce, Clover, Davis of New 
Madrid, Fletcher, Foster, Fulkerson, Gil- 
strap, Grammer, Henderson, Leonard, 
Martin, Owens, and Thilenius— 14. 

Sick— Messrs. Cowden. Mitchell, and 
Smith of Worth— 3. 

So the resolution was adopted. 

Mr. Filley moved a reconsideration of 
the vote by which the resolution offered by 
Mr. Childress was adopted; which motion 
was agreed to . 

On motion of Mr. Green, the resolution 
was then rejected. 

Mr. Strong, chairman of the Engrossing- 
Committee, reported the ordinance on 
Militia as ti-uly engrossed. 



245 



Mr. Barr moved that tlie ordinance be 
read a third time and adopted, on which Mr. 
Meykr demanded the ayes and noes; and 
the vote being talven, stood as follows: 

Ayes — Messrs. Adams, Barr, Bedford, 
Bonham, Bndd, Bnsh, Childress, Davis of 
Xodaway, Dodson, D'Oench, Drake, Ellis, 
Esther, Filley, Folmsbee, Gilbert of Law- 
rence, Henderson, Holdsworth, Holland, 
Hume, King, Linton, McKernan, McPher- 
son, Maclv, Peck, Rankin, Rohrer, Smith 
of Mercer, Strong, Sutton, Swearingen, 
Switzler, Weatherby, Williams of Caldwell, 
and Williams of Scotland— 36. 

Noes — Messrs. Evans, Gamble, Hoi comb, 
Husmann, Meyer, and Mr. President— 6. 

Absent with Leave — Messrs. Foster, 
Gilbert of Platte, Hughes, Morton, New- 
gent, Nixdorf, St. Gem, and Thilenius— 8. 

Absent without Leave — Messrs. Bunce, 
Clover, Davis of New Madrid, Fulkerson, 
Gilstrap, Grammer, Leonard, Martin, and 
Owens— 9. 

Sick — Messrs. Cowden, Mitchell, and 
Smith of Worth— 3. 

Excused — Messrs. Fletcher and Green — 2. 

So the ordinance was adopted. 

Mr. Green offered the following resolu- 
tion, which was adopted: 

Rp,solved^ That the Committee on Accounts 
are hereby directed, after the Convention 
adjourns, to take charge and dispose of the 
furniture and effects of the Convention room, 
and apply the proceeds to defraying the 
expenses of the Convention. 

Mr. Filley, chairman of the Committee 
on Printing, presented the following report: 

The Committee on Printing respectfully 
report that, after a careful investigation of 
the expense of printing and binding the 
Journal and Debates of the Convention, and 
inviting proposals for the work from various 
persons and establishments, they have found 
the proposal of Messrs. McKee,' Fishback & 
Co. as low as any other, and have accord- 
ingly made an arrangement with them to do 
the work at the following rates : 

For each thousand ems of composition, sixty-five 
cents For paper, $10.40 per ream. Press work, 37^ 
cents per token For binding, folding and stitching, 
with s'rong paper cover, similar to the copies of the 
proceedings of the Convention of 1861, 10 cents per 
volume. Thequalitj' of paper, printing, and style, to 
be uniform with that of the Journal and Debates of 
the Convention of 1861. 

The committee recommend the adoption 
of the following resolutions: 

Resolved^ That the Secretary of the Con- 
vention be instructed to deliver to McKee, 
Fishback & Co. the copy of the Journal of 
the Convention, for printing, after having 
carefully compared the samcTwith the origi"- 
nal record. 

Resolved^ That the Eeporter of the Con- 
vention be instructed to deliver to McKee, 
Fishback & Co. , the copy of the Debates and 
Proceedings, for printing. 



Resolved^ That three thousand two hun- 
dred copies of the Journal and Debates 1)e 
printed and bound, for the use of the mem- 
bers of the Convention; and that fifty copies 
thereof be delivered to each member, or sent 
to him, in such manner as the members may 
severally direct. 

CHAUNCEY I. FILLEY, 
WYLLYS KING, 

Majority Committee . 
St. Louis, Aprils, 1866. 
We agree to do the work specified in the 
foregoing report on the terms therein stated. 
McKee, Fishback & Co.' 

Mr. D'Oench made the following minority 
report: 

The undersigned, a member of the Com- 
mittee on Printing, desires to say that he 
fully agrees with the report of the majority 
of said committee as far as the arrangement 
for printing and bindino- with Messrs. McKee , 
Fishback & Co., of this city, is made; but 
differs in this : that he recommends a sepa- 
rate contract for the printing of the Journal 
only, which would form a volume by itself, 
and could be published at an earlier day ; and 
that the speeches and proceedings should not 
be printed, as it will save a very large 
amount to our impoverished State. Tlie 
undersigned is of opinion that, if the Con- 
vention desires to have the speeches and 
proceedings printed, the committee should 
be instructed to that effect, when a special 
contract could be made. 

All of which is respectfully submitted. 
W. D'Oench. 

St. Louis, April d>^ 1865. 

Mr. Green offered the following resolu- 
tion : 

Resolved, That the journal of the proceed- 
ings of this Convention, only, shall be 
published at public expense; that the print- 
ing of the debates is unnecessary; and that 
the Committee on Printing be authorized to 
cause so manj^ copies of the journals of the 
proceedings to be printed as " may be neces- 
sary to furnish fifty copies to each member. 

Mr. Williams of Caldwell offered the 
following resolution, wdiich was declared 
out of order : 

Resolved, That this Convention will adjourn 
si?ie die at 10 o'clock a. m. , Monday, 'Ai)ril 
10, 1865. 

Mr. Drake moved to lay the resolution of 
Mr. Green on the table. 

On this motion Mr. Green demanded tlio 
ayes and noes; and the vote being taken, 
stood as follows: 

Ayes— ^Messrs. Barr, Bonham, T'>avis of 
Nodaway, Drake, Evans. Filley, Folmsbee, 
Henderson, Hume, King.MePliorson, Mack, 
Peek, Smitli of Mercer, Strong, Sutt^Mi, 
Switzler, Weatherbv, and AVilliams of Cald- 
well— 10. 



246 



Noes — Messrs. Adams. Bedford. Biisli, 
Childress, Dodsou, D'Oencli, Esther, 
Fletcher, Gamble, Gilbert of Lawrence, 
Green, Holcomb, Holds worth. Holland, 
Husmann, Linton, McKernan, Meyer. Ean- 
kin, Rohrer, Swearingen, Williams of Scot- 
land, and Mr. Presideiit — 23. 

Absent with Leave — Messrs. Gilbert 
of Platte, Hughes, Morton, Newgent, and 
St. Gem — 5. 

Absent without Leave— Messrs. Bndd, 
Bunce, Clover, DaAis of Xew Madrid , Ellis, 
Foster. Gilstrap. Grammer. Leonard, Mar- 
tin, Nixdorf, Owens, and ThiJenius— 13. 

Sick — Messrs . Co wden , Fulkerson , 
MitcheU, and Smith of Worth— 4. 

So the motion to lay on the table was 
rejected. 

On motion of Mr. Deake, the Convention 
adjourned until 2 o'clock P.M. 



AFTERNOON SESSION. 

Convention met pursuant to adjournment, 
the President in the chair. 

Mr. Strong, chairman of the Engrossing 
Committee, reported that the ordinance for 
the Payment of State and Railroad Indebt- 
edness was truly engrossed. 

Mr. Strong offered the following amend- 
ment to said ordinance: 

Sec. 7. At the election to be held on the 
sixth 6aj of J\me, eighteen hundred and 
sixty-five, for the purpose of ascertaining 
the sense of the people in regard to the 
adoption or rejection of the Constitution 
adopted by this Convention, the question of 
the adoption or rejection of this ordinance 
shall be submitted to the voters of this State, 
who shall be qualified as voters under the 
provisions of article thirteenth of said Consti- 
tution, and shall take the oath in said article 
prescribed; and the vote at such election 
shall be taken , and returns thereof made, at 
the same time, under the same restrictions, 
and in the same manner, as in said article is 
provided for the vote upon the question of 
the adoption or rejection of said Constitution. 
The election herein pro^ided for shall be by 
ballot. Those ballots in favor of this ordi- 
nance shall have w^ritten or printed thereon 
the words, '^ Shall the railroads pay their 
bonds ? — Yes . ' ' Those opposed to this ordi- 
nance shall have wi'itten or printed thereon 
the words, "Shall the railroads pay their 
bonds?— No." If the majority of all the 
votes cast at such election shairbe in favor 
of this ordinance, the same shall be valid 
and have full force and effect as a part of the 
Constitution of this State, whether the new 
Constitution adopted by this Convention be 
adopted or rejected. If a majority of such 
votes shall be against this ordinance, it shall 
have no force or validity whatsoever. The 



Governor of this State shall, by proclama- 
tion, make kno^vn the result of the election 
herein provided for. 

Mr. Strong demanded the pre\ious ques- 
tion, which was sustained. 

Mr. Drake demanded a call of the house, 
which w^as sustained, and the following 
gentlemen answered to their names : 

Messrs. Adams, Barr, Bedford. Bonham, 
Budd, Bunce, Bush, Childress. Clover, 
DaAis of Nodaway, Dodson, Drake, Ellis, 
Esther, Evans, F'illey, Foster, Fulkerson, 
Gamble, Gilbert of' Lawrence, Gilstrap, 
Green, Henderson, Holcomb, Holdsworth, 
Holland. Hume. Husmann, King, Leonard, 
Linton, McKernan, ]\[cPherson, Mack, Mar- 
tin, Meyer, Peck, Rankin, Rohrer, Smith 
of Mercer, Strong, Sutton, Swearingen, 
Switzler, Weatherby, Williams of Caldwell, 
Williams of Scotland, and Mr. President — i8. 

Absent with Leave — Messrs. Gilbert 
of Platte, Hughes, Morton, Newgent, Nix- 
dorf, and St. 'Gem— 6. 

Absent without Leave — Messrs. Davis 
of New Madrid, D'Oench, Fletcher, Folms- 
bee, Grammer, Owens, and Thilenius— 7. 

Sick — Messrs. Cowden, Mitchell, and 
Smith of Worth— 3. 

On motion of Mr. Barr, further proceed- 
ings under the call were dispensed with. 

The i)ending amendment, offered by Mr. 
Strong, was then adopted. 

Mr. Clover moved to lay on the table the 
ordinance on Railroad Indebtedness, on 
which Mr. Strong demanded the ayes and 
noes; and the vote being taken, stood as 
follows : 

Ayes — Messrs. Bush, Clover, Davis of 
Nodaway, Dodson, Drake, Ellis, Esther, 
Filley, Foster, Gilbert of Lawrence, Green, 
Holcomb, Holland, Husmann, Leonard, 
Linton, McKernan, Mack, Martin, Meyer, 
and Mr. President — 21. 

Noes — Messrs. Adams, Barr, Bedford, 
Bonham. Budd, Bunce, Childress, Evans, 
Fulkerson, Gamble, Gilstrax), Henderson, 
Holdsworth, Hume, King, McPherson, 
Peck, Rankin, Rohrer. Smith of Mercer, 
Strong, Sutton. Sweai'ingen, Switzler, 
Weatherby, Williams of Caldwell, and Wil- 
liams of Scotland — 27. 

Absent with Leave — Messrs. Gilbert of 
Platte, Hughes, Morton, Newgent, Nixdorf, 
and St. Gem — 6. 

Absent without Leave — Messrs. Da^is 
of New 3Iadrid, D'Oench, Fletcher, Folms- 
bee, Grammer, Owens, and Thilenius — 7. 

Sick — Messrs . Cowden , Mitchell , and 
Smith of Worth— 3. 

So the motion to lay the ordinance on the 
table was rejected. 

Mr. Green moved that the ordinance on 
Railroad Indebtedness be read for informa- 
tion; which motion was disagreed to. 



247 



The question then behio- on the adoption 
of the ordiuance, Mr. Bush demanded the 
aj'-es and noes thereon; and the vote being 
taken, stood as follows: 

Ayes — Messrs. Adams, Barr, Bedford, 
Bonham, Budd, Bunce, Childress, Davis of 
Nodaway, Evans. Folmsbee, Fulkerson, 
Gamble, Gilstrap, Henderson, Holds worth, 
Hume, MePhei'son, Mack, Peck, Rankin, 
Smith of Mercer, Strong", Sutton, Switzler, 
Weatherb.y, Williams of Caldwell, and Wil- 
liams of Scotland — 27. 

Noes — Messrs. Bush, Clover, Dodson, 
D'Oeneh, Drake, Ellis, Esther, Filley, 
Gilbert of Lawrence. Green, Holcomb, 
Holland, Husmami, Kino- Leonard, Linton, 
McKernan, Martin, Meyer, Rohrer, Swear- 
ingen. and Mr. President — 22. 

Absent with Leave — Messrs. Gilbert of 
Platte, Hughes, Morton, Newgent, Mx- 
dorf, and St. Gem— 6. 

Absent without Leave — Messrs. Davis 
of New Madrid, Fletcher, Foster, Gram- 
mer, Owens, and Tiiilenius — 6. 

Sick — Messrs. Cowden and Mitchell— 2. 

Excused from Voting — Mr. Smith of 
Worth— 1. 

So the ordinance was adopted. 

Mr. Drake, chairman of the Committee 
on Enrolling, presented the following report: 

Mr. President: The Enrolling Commit- 
tee beg leave to report that they have care- 
fully "examined and compared the two 
enrolled copies of the Constitution with the 
several engrossed articles thereof, as adopted 
by the Convention, and find the same to be 
correctly and tral}^ enrolled; and herewith 
lay the said two enrolled copies of the Con- 
stitution ber'ore the Convention. 

The committee further report that, in 
order to secure the enrollment of the Con- 
stitution in a proper manner and in due 
time, they were obliged to em])loy two gen- 
tlemen, "Messrs. Andrew W. "Mead and 
Michael J. McGrath, to do the work; and it 
was agreed to pay them twenty cents per 
hundred woi'ds. The number "of words in 
the Constitution, upon a carefnl computa- 
tion, we ilnd to be 17,062; and there is there- 
fore due to each of those gentlemen the sum 
of $84.12, which the committee recommend 
should l)e authorized to be paid to them; and 
M^e therefore submit the following resolution 
for a(lo])ti()n by tlie Convention : 

Eesolved, Tl'iatthe Committee on Accounts 
shall allow and pay to Andrew W. Mead 
and ]N[ichael J. McGrath, each, the sum of 
$34.12, for their seiwices in enrolling the 
Constitution. CD. DRAKE. 

W. S. HOLLAND. 
WM. F. SWITZLER, 

Committee. 

Which resolution was adopted. 

Mr. Drake moved that the Constitution 
now be finally adopted; and on rhat motion 



he called for the previous question, w^hich 
was sustained. 

Mr. Clover moved that the Constitution 
be read as a whole; which was disagreed to. 

Mr. Clover moved that the article on the 
Right of Suffrage be read; which was dis- 
agreed to. 

The question then being on the final adop- 
tion of the Constitution, Mr. Drake de- 
manded the ayes and noes thereon; and the 
vote being taken, stood as follows: 

Ayes — Messrs. Adams, Barr, Bonham, 
Budd, Bunce. Childress, Davis of Nodaway, 
Dodson, Drake, Ellis, Esther, Evans, Filley, 
Folmsbee, Fulkerson, Gamble, Gilbert of 
Lawrence, Henderson, Holcomb, Holds- 
worth, Holland, Hume, King, Leonard, 
McKernan, McPherson, Mack, Martin, Peck, 
Rankin, Smith of Mercer, Strong, Sutton, 
Swearingen, Weatherby, Williams of Cald- 
well, Williams of Scotland, and Mr. Presi- 
dent— 38. 

Noes — Messrs. Bedford, Bush, D'Oeneh, 
Fletcher, Foster, Gilstrap, Green, Husmann, 
Linton, Meyer, Rohrer, Smith of Worth, 
and Switzler — 13. 

Absent with Leave — Messrs. Gilbert of 
Platte, Hughes, Morton, Newgent, Nixdorf, 
and St. Gem— 6. 

Absent without Leave — Messi's. Clover, 
Davis of New Madrid, Grammer, Owens, and 
Thilenius — 5. 

Sick — Messrs. Cowden and Mitchell — 2. 

So the Constitution was finally adopted. 

On motion of Mr. Drake, the Rev. Thos. 
Cole was invited to offer prayer, which he 
came forward and did. 

Thereupon the following members and 
officers of the Convention proceeded to sign 
duplicate copies of the Constitution, in 
accordance with a resolution heretofore 
adopted by this body : 

Arnold Krekel, of St. Charles co., Pres't. 
Chas. D. Drake, of St. Louis, Vice Pres't. 
Wm. B. xiDAMS, of Montgomery county. 
A.J. Barr, of Ray county. 
A. M. Bedford, of Mississippi county. 
D. Bonham, of Andrew county. 
Geo. K. Budd, of St. Louis county. 
Harvey Bunce, of Cooper eountj'. 
R. L. Childress, of Webster county. 
JohnH. Davis, ot Nodaway coimty. 
I. B. Dodson, of Adair county. 
John H. Ellis, of Li^dngston county. 
John Esther, of Laclede county. 
Ellis G. Evans, of Crawford county. 
Chauncky I. Filley, of St. Louis county, 
J. W. Fletcher, of Jefferson countv. 



248 



W. H. FoLMSBEE, of Daviess county. 
F. M. FuLKERSON, of Saliiie county. 
John W. Gamble, of Audrain county. 
A. Gilbert, of Lawrence county. 
David Henderson, of Dent county. 
E. A. HoLCOMB, of Chariton county. 
W. S. Holland, of Plenry county. 
J . F . Hume , of Moniteau county . 
Wyllys King, of St. Louis county. 
Reeves Leonard, of Howard county. 
JohnF. McKernan, of Cole county. 
Archibald M. McPherson, of Perry county. 
John A. Mack, of Greene county. 
Ferdinand Meyer, of St. Louis county. 
DoRASTus Peck, of Ii-on county. 
Jonathan Thos. Rankin, of Dade county. 
K. G. Smith, of Mercer county . 
Geo. p. Strong, of St. Louis county. 
James T. Sutton, of Wayne county. 
John R. Swearingen, of Jackson county. 
Wu. F. SwiTZLER, of Boone county. 
Lewis H. Weatherby, of DeKalb county. 
Jeremiah Williams, of Caldwell county. 
Eugene Williams, of Scotland county. 

Attest: AMOS P. FOSTER, Secretary. 
Thos. Proctor, AssH Secretary. 

The President read the following paper, 
and, in accordance therewith, signed Mr. 
Holdsworth-s name to the duplicate copies 
of the new Constitution : 

The undersigned, member of this Conven- 
tion, hereby authorizes and empowers the 
President of the Convention to sio-n his 
name to the Constitution, when tlie same 
shall have been adopted. 

J. H. Holds WORTH, from Monroe. 

Mr. Barr offered the following resolution, 
which was adopted : 

Resolved^ That the thanks of this Conven- 
tion are hereby tendered to Hon. Arnold 
Krekel, President of this body, for the able 
and impartial manner in which he has dis- 
charged the duties of his office. 

Mr. Barr offered the following resolution, 
which was adopted : 

Resolved. That this Convention do adjourn 
sine die on Monday next, at 10 o'clock, a. m. 

Mr. Strong offered the following resolu- 
tion, which was adopted: 

Resolved., That the ordinance entitled ' 'An 
ordinance for the organization and govern- 
ment of the Missouri militia, ' ' adopted by 
this Convention April 8, 18G5, and the ordi- 
nance entitled ' 'An ordinance for the pay- 
ment of State and railroad indebtedness," 
adopted by this Convention April 8 , 1865, be 



enrolled, and a copy thereof, certified by the 
President and Secretary of this Convention, 
be filed in the office of the Secretary of 
State. 

The pending reports, and the amendment, 
relative to printing, were called up. 

The question then being on the amend- 
ment of Mr. Green, Mr. Bonham demanded 
the ayes and noes thereon; and the vote 
being taken, stood as follows: 

Ayes — Messrs. Bush, Dodson, Fletcher, 
Foster, Gamble, Gilstrap, Holcomb, Hus- 
mann, Linton, Meyer, Rohrer, Swearingen, 
and Williams of Scotland — 13. 

Noes — Messrs. Barr, Bedford, Bonham, 
Childress. Davis of Nodaway. Drake, Esther, 
Evans, Filley, Folmsbee, Fulkerson. Gil- 
bert of Lawr€U]ce, Henderson, Hume. King, 
McPherson, Mack, Peck, Smith of Mercer, 
Strong, Sutton, Switzler, "Weatherby, Wil- 
liamsof Caldwell, and Mr. President — 25. 

Absent with Leave — Messrs. Gilbert of 
Platte, Hughes, Morton, Newgent, Nix- 
dorf, and St. Gem— 6. 

Absent without Leave — Messrs. Adams, 
Budd, Bunce, Clover, Davis of New Madrid, 
D'Oench. Ellis, Grammer, Green, Holds- 
worth, Holland, Leonard, McKernan, Mar- 
tin, Owens, Rankin, and Thilenius — 17. 

Sick — Messrs. Cowden, Mitchell, and 
Smith of Worth— 3. 

So the amendment of Mr. Green was 
rejected. 

The question then being on the original 
resolutions offered by the committee, they 
were adopted. 

Mr. Drake offered the follo\\ing resolu- 
tion, which was adopted: 

Resolved, That twenty-five thousand copies 
of the Constitution, and the ordhiance for 
the Paj^ment of State and Railroad Indebt- 
edness, be printed on an open sheet (both 
being on the same sheet), and that five 
thousand copies thereof be famished to the 
Governor to be sent to the Missoml soldiers, 
and the remainder thereof be distributed 
among the members in equal proportions; 
and that the expense of transmitting the same 
to the members be paid out of the money in 
the hands of the chairman of tlie Committee 
on Accounts . 

Mr. Barr moved to reconsider the vote by 
which the Constitution was adopted, and 
Mr. Drake moved to lay that motion on the 
table; w^hich latter motion was agreed to. 

Mr. Drake offered the following resolu- 
tion , which was adopted : 

Resolved, That the journal of this Con- 
vention be printed in a volume separate 
from the debates and proceedings. 

Mr. Drake offered the following resolu- 
tion, which w^as adopted: 



249 



Resolved^ That tlie President of this Con- 
vention be continued in office ninety days 
after the tinal adjournment of the Conven- 
tion; and that he be required to see that all 
property of the State, in possession of the 
Convention, be returned to the State; and 
that he be authorized, also, to do such other 
acts as may be necessary to close up the 
business and affairs of the Convention. 

jVIr. Williams of Caldwell offered the fol- 
lowino- resolution, which was adopted: 

Resolved, That the Committee on Printing- 
be instructed to procure three thousand 
copies of a list of the names, post-office 
address, occupation, etc., of members of 
this Convention, and distribute the same 
among- the members . 

Mr. Evans offered the following- resolu- 
tion, which was adopted: 



Resolved, That the thanks of this Conven- 
tion are due, and are tendered, to the Iron 
Mountain, J^Torth Missouri, Hannibal and 
St. Joseph, the xVtchison, St. Joseph and 
Platte Country, and the Pacific, railroad 
companies, for the courtesies extended to 
this Convention. 

Mr. Drake offered the following; resolu- 
tion , which was adopted : 

Resolved, That the reporter of the Conven- 
tion be authorized to employ two assistants 
in the writing- out of the debates and pro- 
ceeding's, at twenty-five dollars per week, 
each, for a period not exceeding three 
months ; and that the Committee on Ac- 
counts be authorized to pay such assistants. 

On motion, the Convention adjourned 
until Monday morning- next at 9 o'clock. 



SEVENTY-EiaKCTH: D^Y. 



Convention met pursuant to adjournment, 
the President in the chair. 

On motion of Mr. Drake, a call of the 
house was ordered, when the following- 
members responded to their names : 

Messrs. Barr, Bedford, Bonham, Chil- 
dress, Dodson, Drake, Esther, Fletcher, 
Folmsbee, Fulkerson, Gilbert of Lawrence, 
Gilstrap, Green, Henderson, Holcomb, 
Holdsworth, Hume, King, Leonard, Mc- 
Kernan, McPherson, Peck,"Rohrer, St. Gem, 
Smith of Mercer, Smith of Worth, Sutton, 
Swearing-en, Thilenius, Weatherb}'-, Wil- 
liams of Caldwell, Williams of Scotland, 
and Mr. President— 33. 

Absent— Messrs. Adams, Budd, Bunce, 
Bush, Clover, Davis of New Madrid, Davis 
of Nodaway, D'Oench, Ellis, Evans, Fil- 
ley, Foster, Gamble, Gilbert of Platte, 
Grammer, Holland, Hughes, Husmann, 
Linton, Mack, Martin, 'Meyer, Mitchell. 
Morton, Newgent, Nixdorf, " Owens, Ran- 
kin, Strong-, and Switzler — 30. 

Sick — Mr. Cowden — 1. 

On motion of Mr. Williams of Caldwell, 
further proceedings under the call were dis- 
pensed with . 

Mr. Drake offered the following resolu- 
tion : 

Resolved, That tiie resolution adopted on 
Saturday last, fixing tlie liour of 10 o'clock 
this day for adjournment, be rescinded. 

On which Mr. Drake demanded the pre- 
vious question, which was sustained, and 
the resolution was adopted. 



MONDAY, April 10th, 1865. 

The President caused a dispatch to be 
read, announcing the surrender of the rebel 
army under General Lee to General Grant. 

On motion of Mr. Drake, nine cheers 
were given for the glorious news just now 
received . 

Mr. Green offered the following resolu- 
tions : 

Resolved, That we have reason to be thank- 
ful to Almighty God for the successes of our 
noble and patriotic armj^ and navy; for the 
steadj^ and persistent perseverance of our 
noble President in the work of breaking the 
power of the rebellion ; and especially for 
the noble and humane disposition which has 
been manifested by our authorities to our 
conquered enemy. 

Resolved, further. That we are ready to 
sustain our noble President, in the hour of 
victory, in wliatever terms of anniesty he, 
with ins constitutional advisers, may think 
it best to otter to those who have been in 
arms against the Government; except that 
we will not be willing- to sanction any terms 
of pe;we which will admit of the pei-])etua- 
tion of slavery in any part of the Republic. 

l^ending which, Mr. Strong moved to 
anu'nd the last resolution by adding the 
following: ' 'or the tree pardon of the prin- 
cipal leaders who instigated this wicked 
rebellion. ' ' 

On motion of Mr. Drake, the question on 
the resolutions Avas divided ; and, on motion, 
the first resolution was adopted. 



250 



Mr. Drake moved to lay the second reso- 
lution on the table, and on this motion 
demanded the ayes and noes ; and the vote 
being taken, stood as follows: 

Ayes— Messrs. Barr, Bedford, Bonham, 
Budd, Childress, Dodson, Drake, Ellis, 
Esther, Evans, Folmsbee, Foster, Fulker- 
son, Gilbert of Ea^^Tence, Henderson, Hol- 
comb, Hume, Leonard, McKernan, Mc- 
Pherson, Meyer, Peck, Smith of Mercer, 
Strong, Sntton, Swearino-en, Thilenius, 
Weatherby, Williams of Caldwell. WiUiams 
of Scotland, and Mr. President— 31. 

Noes — ^Messrs. D'Oench, Fletcher, Gil- 
strap, Green, Holds worth. King, Linton, 
Rohrer, St. Gem, and Switzler— 10. 

Absent with Leave — Messrs. Gilbert of 
Platte. Hughes, Morton, Newgent and Nix- 
dorf— 5 . 

Absent without Leave — Messrs. Adams, 
Bunce, Bush, Clover, Davis of New Madrid, 
Davis of iSTodaway, Filley, Gamble, Gram- 
mer, Holland, Husmann, Mack, Martin, 
Owens, and Rankin — 15. 

Sick— Messrs. Cowden, Mitchell, and 
Smith of Worth— 3. 

So the second resolution was laid on the 
table. 

Mr. Drake offered the following resolu- 
tion, which was adopted: 

Resolved^ That ten thousand ballots be 
primed for the soldiers' vote on the Con- 
stitution and Ordinance to be vot^d on, and 
that the same be delivered to the Governor, 
to be sent by the messengers dispatched by 
him to obtain the soldiers' vote. 

Mr. Folmsbee offered the following reso- 
lution : 

Resolved, That the Yice President of this 
Convention be appointed to superintend the 
printing of the journal and debates of this 
Convention, and other printing required to 
be done, after adjournment; and that he shall 
be entitled to the pay of a member of this 
body for each day in which he shall be 
engaged thereon. 

Mr. Green moved that Mr. Clover be also 
added; which motion was disagreed to. 

Mr Barr offered the following amend- 
ment, which was adopted: 

Add, after the word "Convention,'' the 
words ' 'and the distribution of the same. ' ' 

The resolution, as thus amended, was 
adopted. 

Mr. Drake offered the following resolu- 
tion: 

Resolved, That when a member has been 
continuously absent without leave, for a time 
exceeding two days next preceding the final 
adjournment of the Convention, the Com- 
mittee on Accounts shall not allow or pay 
him any per diem for the time he was so 



absent, unless his absence was occasioned by 
his sickness, and the fact of such sickness 
reported to the Convention and noted on its 
journal, in the calling of the ayes and noes; 
and the Secretary of the Convention is re- 
quired to make out and deliver to the chair- 
man of the Committee on Accounts a list of 
all members so absent without leave, with a 
statement of the date of such absence; and 
that said committee be required to pay 
immediately those members present on this 
day. 

Mr. Weatherby moved to lay the resolu- 
tion on the table, and on this motion Mr. 
Drake demanded the ayes and noes ; and the 
vote being taken, stood as follows: 

Ayes — Messrs. Bedford, Fletcher, Folms- 
bee, Gilstrap, Green, Holcomb, Hume, 
Leonard, McKernan, Meyer, Rohrer. St. 
Gem. Smith of Mercer, Strong, Svv^earingen, 
Thilenius, Weatherby, Williams of Caldwell, 
and Williams of Scotland — 19. 

Noes — Messrs. Barr, Bonham, Budd, 
Childress, D'Oench, Drake, Esther, Evans, 
Fulkerson, Gilbert of Lawrence, Henderson, 
Holds worth, Kinof, Linton, McPherson, 
Peck, Sutton, Switzler, and Mr. President 
—19. 

Absent with Leave — Messrs. Gilbert of 
Platte, Hughes, Morton, Newgent, and 
Nixdorf— 5. 

Absent without Leave — Messrs. Adams, 
Bunce, Bush, Clover, Davis of New Madrid, 
Davis of Nodaway, Dodson, Ellis, Filley, 
Foster, Gamble, Grammer, Holland, Hus- 
mann, Mack, Martin, Owens, Rankin, and 
Smith of Worth— 19. 

Sick — ^]Messrs. Cowden and Mitchell — 2. 

So the resolution was not laid on the table. 

The question then being on the passage of 
the resolution of Mr. Drake, he demanded 
the ayes and noes thereon; and the vote 
being taken , stood as follows : 

Ayes — Messrs. Barr, Bonham, Budd, 
Childress, D'Oench, Drake, Evans, Fulker- 
son. Gilbert of Lawrence, Henderson, Holds- 
worth, Linton, Peck, Switzler, andWilUams 
of Scotland — 15. 

Noes — Messrs. Bedford, Esther, Fletcher, 
Folmsbee, Foster, Gilstrap, Green, Hol- 
comb, Hnme, King, Leonard, 3IcKernan, 
McPherson, Meyer, Rohrer, St. Gem. Smith 
of Mercer, Strong, Sutton, Swearingen, 
Thilenius, Weatherby, Williams of Caldwell, 
and Mr. President — 24. 

Absent with Leave — Messrs. Gilbert of 
Platte, Hughes, Morton, Newgent, and 
Nixdorf— 5. 

Absent without Leave — ^J^lessrs . Adams , 
Bunce, Bush, Clover, Davis of New Madrid, 
Davis of Nodaway, Dodson, Ellis, Filley, 
Gamble, Grammer, Holland, Husmann, 
Mack, Martin, Owens, Rankin, and Smith 
of Wortb— 18. 

Sick — Messrs . Cowden and Mitchell — 2 , 

So the resolution was rejected. 



251 



Mr. Drake offered the following resolu- 
tion , which was adopted : 

Resolved. That the Secretary be authorized 
to retain the journal clerk for two weeks 
after the adjournment of the Convenrlon, at 
the same rate of compensation heretofore 
allowed said clerk, to be paid by the Coni- 
niittee on Accounts . 

Mr. Strong offered the tollowing' resolu- 
tion, wiiich was adopted: 

Resolved, That the thanks of this Conven- 
tion are due, and are heve])y teudei'edy to 



the loyal clero-ymen of St. Louis, for their 
attendance and services as chaplains of this 
body. 

Mr. Drake offered the following resolu- 
tion , which was adopted : 

Resolved. That the Secretary of this Con- 
vention be continued in office after ttie 
adjournment of the Convention , until he shall 
have completed the business thereof, in his 
department, but withouc any per-diem pay 
after this day . 

On motion of Mr, DiUKE, the Conventioa 
adioiiraed 3.me die. 



APPENDIX TO JOURNAL 



i^cT-r 



APPENDIX, 

CO^^TAINIMG THE CONSTITUTION" ADOPTED BY THE CONVENTION OE 1865, THE 
PSOCLAMATIONS OF THE RATIFICATION THESEOF BY THE PEOPLE, 
AND THE OEDINANCES ADOPTED BY THE CONVENTION. 



COIS^STITUTIO>^ 

OF THE STATE OF MISSOUET, AS EEVISED, AMENDED, AND ADOPTED IN CONVENTION, 
BEGUN AND HELD AT THE CITY OF ST. LOUIS, ON THE SIXTH DAY OF 
JANUAEY, EIGHTEEN HUNDEED AND SIXTY-FIVE. 



We, the people of the State of Missouri, grateful to Almighty God, the Sovereign Ruler 
of nations, for our State government, our liberties, and our connection with the American 
Union, and acknowledging our dependence upon Him for the continuance of those 
blessings to us and our posterity, do, for the more certain security thereof, and for 
the better government of this State, ordain and establish this revised and amended 
Constitution : 

ARTICLE I. 

DECLARATION OF RIGHTS. 

That the general, great, and essential principles of liberty nnd free government may 
be recognized and established, and that the relations of this State to the Union and 
Government of the United States, and those of the people of this State to tlie rest of the 
American people, may be defined and affirmed, we do declare: 

1. That v^'e hold it to be self-evident, that all men are endovf'ed by their Creator with 
certain inalienable rights, among which are life, liberty, the enjoyment of the fruits of 
their own labor, and the pursuit of happiness: 

2. That there cannot be, in this State, either slavery or inv'oluntary servitude, except 
in punislunent of crin\e, whereoi" the pai1;V sh;ill liave been duly convicted : 

3. That no person can, on account of c()h)r, be disqualilied as a witness; or be disabled 
to contract, otherwise than as others are disabled; or be prevented from acquiring. 
holding, and transmitting ])roperty: or ])e liable to anj' other punishment, for any 
offense, than that imposed upon others for a like offense; or be restricted in the exercise 
of rehgious worship; or be hindereti in acquiring education; or be subjected, in law, to 



256 

any otlier restraints or cli«qualificatioiis, in regard to any personal rights, than such as 
are laid n]oon others under like circumstances: 

4. That ail political power is vested in and derived from the people; that all 
government of right; originates from the people, is founded upon their will only, and 
is instituted solely for the good of the whole : 

5. That the people of this State have the inherent, sole, and exclusive right of 
regulating the internal government and police thereof, and of altering and abolishing 
their Constitution and form of government, whenever it may be necessary to their safety 
and happiness; but every such right should be exercised in pursuance of law, and 
consistently with the Constitution of the United States: 

6. That this State shall ever remain a member of the American Union; that the people 
thereof are a part of the American Nation; and that all attempts, from w'hatever source or 
upon whatever pretext, to dissolve said Union, or to sever saidXation, ought to be resisted 
with the whole powei' of the State : 

7. That every citizen of this State owes paramount allegiance to the Constitution and 
Government of the United States; and that no law or ordinance of this State, in contraven- 
tion or subversion thereof, can have any binding force: 

8. That the people have the right peaceably to assemble for their common good, and to 
apply to those vested with the powers of government for redress of grievances, by petition 
or remonstrance; and that their right to bear arms in defense of themselves, and of the 
lawful authority of the State, can not be questioned: 

9. That all men have a natural and indefeasible right to worship Almighty God accord- 
ino- to the dictates of then- own consciences; that no person can, on account of his religious 
opinions, be rendered ineligible to any office of trust or profit under this State, nor be dis- 
qualified from testifying, or from serving as a juror; that no human authority can control 
or interfere with the rights of conscience; and that no person ought, by any law, to be 
molested in his person or estate on account of his religious persuasion or profession; but 
the liberty of conscience hereby secured shall not be so construed as to excuse acts of 
licentiousness, nor to justify practices inconsistent with the good order, peace, or safety of 
the State, or w^ith the rights of others: 

10. That no person can be compelled to erect, support, or attend any place of worship, 
or to maintain any minister of the Gospel or teacher of religion; but w^hatever contracts 
anv person may enter into for any such object ought, in law, to be binding and capable of 
enforcement, as other contracts: 

11. That no preference can ever be given, by law, to any church, sect, or mode of 
worship : 

12. That no religious corporation can be established in this State; except that, by a gen- 
eral law% uniform throughout the State, any church, or religious society, or congregation, 
may become a body corporate, for the sole purpose of acquiring, holding, using, and 
disposing of so much land as may be required for a house of public worship, a chapel, a 
l)arsonage, and a burial groimd; and managing the same, and contracting in relation to 
such land, and the buildings thereon, through a board of trustees, selected by themselves; 
but the quantity of land to be held by any such body corporate, in connection with a 
house of worship or a parsonage, shall not exceed five acres in the country, or one acre in 
a tow^n or city : 

13. That every gift, sale, or de\d5e of land to any minister, public teacher, or preacher 
of the Gospel, as such, or to any religious sect, order, or denomination; or to or for the 
support, use, or benefit of, or in trust for, any minister, public teacher, or preacher of 
the Gospel, as such, or any religious sect, order, or denomination; and every gift or sale 
of goods or chattels to go in succession, or to take place after the death of the seller or 
donor, to or for such support, use, or benefit; and also every devise of goods or chattels, 
to or for the support, use, or benefit of any minister, public teacher, or preacher of the 
Gospel, as such, or any religious sect, order, or denomination, shall be void; except 
always any gift, sale, or devise of land to a church, religious society or congregation, or to 
any person or persons in trust for the use of a church, religious society or congregation, 



25T 

whether incorporated or not, for the uses and purposes, and withm the limitations, of the 
next preceding- clause of this article : 

14. That all elections ought to be free and open: 

15. That courts of justice ought to be open to every person, and certain remedy afforded 
for every injury to person, property, or character; and that right and justice ought to be 
administered without sale, denial, or delay: 

16. That no private property ought to be taken or applied to public use, without just 
compensation : 

17. That the right of trial by jury shall remain inviolate: 

18. That in all criminal prosecutions the accused has the right to be heard by himself 
and his counsel ; to demand the nature and cause of accusation ; to have compulsory 
process for v^itnesses in his favor; to meet the witnesses against him face to face; and in 
prosecutions on presentment or indictment, to a speedy trial by an impartial jury of the 
vicinage ; that the accused can not be compelled to give evidence against himself, nor be 
deprived of life, liberty, or property, but by the judgment of his peers, or the law of the 
land : 

19. That no person, after having been once acquitted by a jury, can, for the same 
offense, be again put in jeopardy of life or liberty; but if, in any criminal prosecution, the 
jury be divided in opinion, the court before which the trial shall be had, may, in its 
discretion, discharge the jury, and commit or bail the accused for trial at the next term of 
said court: 

20. That all persons shall be bailable by sufficient sureties, except for capital offenses, 
when the proof is evident or the presumption great: 

21. That excessive bail shall not be required, nor excessive fines imposed, nor cruel and 
unusual punishments inflicted: 

22. That the privilege of the w^rit of habeas corpus can not be suspended, unless when, m 
cases of rebellion or invasion, the public safety may require it: 

23. That the people ought to be secure in their persons, papers, houses and effects, 
from unreasonable searches and seizures; and no warrant to search any place, or seize any 
person or thing, can issue, without describing the place to be searched, or the person or 
thing to be seized, as nearly as may be; nor without probable cause, supported by oath or 
affirmation : 

24. That no person can, for any indictable offense, be proceeded against criminally by 
information, except in cases arising in the land or naval forces, or in the militia, when in 
actual service in the time of war or public danger, or, by leave of court, for oppression or 
misdemeanor in office: 

25. That treason against the State can consist only in levying war against it, or in 
adhering to its enemies, giving them aid and comfort: 

26. That no person can be attainted of treason or felony by the General Assembly; that 
no conviction can work corruption of blood; that there can be no forfeiture of estate for 
any crime, except treason; and that the estates of such persons as may destroy their own 
lives shall descend or vest as in cases of natural death : 

27. That the free communication of thoughts and opinions is one of the invaluable 
rights of man, and that every person may freely speak, w^rite, and print, on any subject, 
being responsible for tbe abuse of that liberty; that in all prosecutions for libel, the truth 
thereof may be given in evidence, and the jury may determine the law and the facts, 
under the direction of the court: 

28. That no ex post facto law, nor law impairing the obligation of contracts, or 
retrospective in its operation, can be passed: 

29. That imprisonment for debt can not exist in this Stiite, except for fines or penalties 
imposed for violation of law : 

30. That all property subject to taxation ought to be taxed in proportion to it« v:ilue: 

31. That no title of nobility, or hereditary emolument, privilege, or distinction, e^a be 
granted : 

P 



258 

32. That the military is, and in all cases and at all times ought to be, in strict subordi- 
nation to the civil power; that no soldier can, in time of peace, be quartered in any house 
without the consent of the owner; nor in time of w^ar, but in such manner as may be 
prescribed by law; nor can any appropriation tor the support of an army be made for a 
longer period than two years. 

ARTICLE II. 

RIGHT OF SUFFRAGE . 

Section 1. All elections by the people shall be by ballot. No election shall continue 
longer than one day, except as provided in the twenty-first section of this Article. 

Sec. 2. General Elections shall beheld biennially, on the Tuesday next after the first 
Monday in November. Tlie first general election under tliis Constitution shall be held on 
that day, in the year one thousand eight hundred and sixty-six. Should Congress direct 
the appointment of electors of President and Vice President of the United States on any 
other day than that now established, the General Assembly may change the time of 
holding general elections, so as to provide for holding them on the day which maybe 
designated by Congress for that purpose, and on the corresponding day two years there- 
after. No special election, State, county, or municipal, shall be appointed to be held on 
a Monday. 

Sec. 3. At any election held by the people under this Constitution, or in pursuance of 
any law of this State, or under any ordinance or by-law of any municipal corporation, no 
person shall be deemed a qualified voter, who has ever been in armed hostility to the United 
States, or to the la^vful authorities thereof, or to the Government of this State; or has 
ever given aid, comfort, countenance, or support to persons engaged in any such hostility; 
or has ever, in any manner, adhered to the enemies, foreign or domestic, of the United 
States, either by contributing to them, or by unlawfully sending within their lines, 
money, goods, letters, or information; or has ever disloyally held communication with 
such enemies; or has ever advised or aided any person to enter the service of such enemies; 
or has ever, by act or word, manifested his adherence to the cause of such enemies, or his 
desire for their triumph over the arms of the United States, or his sympathy with those 
engaged in exciting or cariying on rebellion against the United States; or has ever, except 
under overpowering compulsion, submitted to the authority, or been in the service, of the 
so-called ''Confederate States of America;" or has left this State, and gone within the 
lines of the armies of the so-called • 'Confederate States of America,' ' with the purpose of 
adhering to said States or armies; or has ever been a member of, or connected with, any 
order, society, or organization, inimical to the Government of the United States, or to the 
Government of this State ; or has ever been engaged in guerrilla warfare against loyal inhab- 
itants of the United States, or in that description of marauding commonly known as "bush- 
whacking;" or has ever knowingly and willingly harbored, aided, or countenanced, any 
person so engaged; or has ever come into or left this State for the purpose of avoiding 
enrollment for or draft into the military service of the United States; or has ever, with a 
view to avoid enrollment in the militia of this State, or to escape the performance of duty 
therein, or for any other purpose, enrolled himself, or authorized himself to be enrolled, 
by or before any officer, as disloyal, or as a Southern sympathizer, or in any other terms 
indicating his disafl'ection to the Government of the United States in its contest with 
rebellion, or his sympathy with those engaged in such rebellion; or, having ever voted at 
any election by the people in this State, or in any other of the United States, or in any 
of their Territories, or held office in this State, or in any other of the United States, or in 
any of their Territories, or under the United States, shaU thereafter have sought or 
received, under claim of alienage, the protection of any foreign government, through 
any consul or other officer thereof, in order to secure exemption from military duty in 
the militia of this State, or in the army of the United States; nor shall any such person 
be capable of holding, in this State, any office of honor, trust, or profit, under its 
authority; or of being an officer, councilman, director, ti-ustee, or other manager of 



259 

any corporation, iDublic or private, now existing- or hereafter established by its authority; 
or of acting as a professor or teacher in any educational institution, or in any common 
or other school; or of holding- any real estate, or other property, in trust for the use 
of any church, religious society, or congregation. But the foregoing provisions in 
relation to acts done against the United States shall not apply to any person not a citizen 
thereof, who shall have committed such acts while in the service of some foreign country 
at war with the United States, and who has, since such acts, been naturalized, or 
may hereafter be naturalized, under the laws of the United States; and the oath of 
loyalty hereinafter prescribed, when taken by such i:)erson, shall be considered as taken 
in such sense. 

Sec. 4. The General Assembly shall immediately provide by law for a complete and 
uniform registration, by election districts, of the names of qualified voters in this State; 
which registration shall be evidence of the qualification of all registered voters to vote at 
any election thereafter held ; but no person shall be excluded from voting at any election , 
on account of not being registered, until the General Assemblj^ shall have passed an act of 
registration, and the same shall have been carried into effect; after which ho person 
shall vote unless his name shall have been registered at least ten days before the day of 
the election; and the fact of such registration shall be not otherwise shown than by the 
register, or an authentic copy thereof, certified to the judges of election by the register- 
ing officer or officers, or other constituted authority. A new registration shall be made 
within sixty days next preceding the tenth day prior to every biennial general election ; 
and after it shall have been made, no person shall establish his right to vote by the fact 
of his name appearing on any previous register. 

Sec. 5. Until such a system of registration shall have been established, every person 
shall, at the time of offering to vote, and before his vote shall be received, take an oath in 
the terms prescribed in the next succeeding section . After such a system shall have been 
established, the said oath shall be taken and subscribed by the voter at each time of his 
registration. An}^ person declining to take said oath shall not be allowed to vote, or to be 
registered as a qualified voter. The taking tliereof shall not be deemed conclusive evi- 
dence of the right of the person to vote, or to be registered as a voter; but such right may, 
notwithstanding, be disproved. And, after a system of registration shall have been 
estabhshed, all evidence for and against the right of any person as a qualified voter shall 
be heard and passed upon by the registering officer or officers, and not by the judges of 
election. The registering officer or officers shall keep a register of the names of persons 
rejected as voters, and the same shall be certified to the judges of election; and they shall 
receive the ballot of any such rejected voter offering to vote, marking the same, and cer- 
tifying the vote thereby given as rejected; but no such vote shall be received unless the 
party offering it take, at the time, the oath of loyalty hereinafter prescribed. 

Sec. 6. The oath to be taken as aforesaid shall be known as the Oath of Loyalty, and 
shall be in the following terms: 

"I, A. B., do solemnly swear, that I am well acquainted with the, terms of the third 
section of the second Article of the Constitution of the State of Missouri, adopted in the 
year eighteen hundred and sixty-five, and have carefully considered the same; that I have 
never, directly or indirectly, done any of the acts in said section specified; tliat I have 
always been truly and loyally on the side of the United States against all enemies thereof, 
foreign and domestic; that I will bear true faith and allegiance to the United States, and 
will support the Constitution and laws thereof, as the supreme law of the land, any law 
or ordinance of any State to the contrary notwithstanding; that I will, to the best of my 
abilit}^, protect and defend the Union of tlie United States, and not allow the same to be 
broken up and dissolved, or the Government thereof to be destroyed or overthrown, under 
any circumstances, if in my power to prevent it; that I will support the Constitution ot 
the State of Missouri; and that I make this oath without any mentid reservation or 
evasion, and hold it to be binding on me.'' 

Sec. 7. Within sixty days after this Constitution takes effect, every person in this State 
holding any office of honor, trust, or profit under the Constitution or laws thereof, or 



260 

-uuder any municipal corporation, or any of the other offices, positions, or trusts 
mentioned in the third section of this Article, shall take and subscribe the said oath. If 
any officer or person referred to in this section shall fail to comply with the requirements 
thereof, his office, position, or trust, shall, ijyso facto, become vacant, and the vacancy 
shall be filled according- to the law g-overniug the case. 

Sec. 8. No vote in anj election by the people shall be cast up for, nor shall any 
certificate of election be granted to, any person who shall not, within fifteen days next 
preceding such election, have taken, subscribed, and filed said oath. 

Sec. 9. ]^o person shall assume the duties of any State, county, city, to^\ai, or other 
office, to which he may be appointed, otherwise than by a vote of the people; nor shall 
any person, after the expiration of sixtj-- days after this Constitution takes effect, be 
permitted to practise as an attorney or counselor at law; nor, after that time, shall any 
person be competent as a bishop, priest, deacon, minister, elder, or other clergyman of 
any religious persuasion, sect, or denomination, to teach, or preach, or solemnize 
marriages, unless such person shall have first taken, subscribed, and ffied said oath. 

Sec. 10. Oaths taken in pursuance of the seventh, eighth, and ninth sections of this 
Article shall be ffied, as follows: B}^ a State civil officer, or a candidate for a State civil 
office, and by members and officers of the present General Assembly, in the office of the 
Secretary of State; by a military officer, in the office of the Adjutant General; by a 
candidate for either house of the General Assembly, in the clerk's office of the County 
Court of the county of his residence, or in that of tlie county where the vote of the district 
is required by law to be cast up, and the certificate of election granted; by a city or town 
officer, in the office where the archives of such city or town are kept; and in all other cases, 
in the office of the clerk of the County Court of the county of the person's residence. 

Sec. 11. Every court in which any person shall be summoned to serve as a grand or 
petit juror, shall require him, before he is sworn as a juror, to take said oath in open 
court; and no person refusing to take the same shall serve as a juror. 

Sec. 12. K any person shall declare that he has conscientious scruples against taking an 
oath, or swearing in any form, the said oath may be changed into a solemn affirmation, 
and be made by him in that form . 

Sec. 13. In addition to the oath of loyalty aforesaid, every person who may be elected 
or appointed to any office shall, before entering upon its duties, take and subscribe an 
oath or affirmation that he^\ill, to the best of his skill and ability, diligently and faith- 
fully, without partiality or prejudice, discharge the duties of such office according to the 
Constitution and laws of this State. 

Sec. 14. Whoever shall, after the times limited in the seventh and ninth sections of this 
Article, hold or exercise anj^ of the offices, positions, trusts, professions, or functions 
therein specified, without having taken, subscribed, and filed said oath of loyaltj^ shall, 
on conviction thereof, be punished by fine not less than five hundred dollars, or by 
imprisonment in the county jail not less than six months, or by both such fine and 
imprisonment; and whoever shall take said oath falsely, by swearing or by affirmation, 
shall, on conviction thereof, be adjudged guilty of perjury, and be punished by imprison- 
ment in the penitentiarj'' not less than two years. 

Sec. 15. "Whoever shall be convicted of ha\qng, directly or indirectly, given or offered 
any bribe to procure his election or appointment to any office, shall be disqualified for 
any office of honor, trust, or profit, under this State; and whoever shall give or offer any 
bribe to procure the election or appointment of any other person to any office, shall, on 
conviction thereof, be disqualified for a voter, or any office of honor, trust or profit under 
this State, for ten years after such conviction. 

Sec. 16. jSTo officer, soldier, or marine, in the regular army or navy ot the United 
States, shall be entitled to vote at any election in this State. 

Sec. 17. No person who shall make, or become, directly or indirectly, interested in, 
any bet or wager depending upon the result of any election, shall vote at such election. 

Sec. 18. Every white male citi'zen of the United States, and every white male person of 
foreign birth who may have declared his intention to become a citizen of the United States, 



261 

according- to law, not less than one year nor more than five years before be offers to vote, 
who is over the age of twenty-one years, who is not disqualified by or nnder any of the 
provisions of this Constitution, and who shall have complied with its requirements, and 
have resided in this State one year next preceding any election . or next preceding his 
registration as a voter, and during the last sixtj'^ days of that period shall have resided in 
the county, city, or town where he offers to vote, or seeks registration as a voter, shall be 
entitled to vote at such election for all officers. State, county, or municipal, made elective 
by the people; but he shall not vote elsewhere than in the election district of which he is at 
the time a resident, or, after a sj^stem of registration of votes shall have been established, 
in the election district where his name is registered; except as provided in the twenty-first 
section of this Article . 

Sec. 19. After the first day of January, one thousand eight hundred and seventy-six, 
every person who was not a qualified voter prior to that time, shall, in addition to the 
other qualifications required, be able to read and write, in order to become a qualifi.ed 
voter; unless his inabilit}'- to read or write shall be the result of a physical disability. 

Sec. 20. For the purpose of voting, no person shall be deemed to have gained or lost a 
residence by reason of his presence or absence while employed in the service of the 
United States, nor while engaged in the navigation of the waters of this State, or of the 
United States, or of the high seas; nor while a student in any seminary of learning; nor 
while kept at any poorhouse or other asylum at publie expense; nor while confined iti 
any public prison. 

Sec. 21. Any qualified voter, under the eighteenth section of this Article, who may be 
absent from the place of his residence by reason of being in the volunteer army of the 
United States, or in the militia force of this State, in the service thereof, or of the United 
States, whether within or without the State, shall, without registration, be entitled to vote 
in any election occurring during such absence. The votes of all such persons, wherever 
they may be, may be taken on the day fixed by law for such election, or on any day or days 
within twenty daj^s next prior thereto; and the General Assembly shall provide, by law, 
for the taking, return, and counting of such votes. Every such person shall take the same 
oath that all other voters may be required to take, in order to vote. 

Sec. 22. Voters shall, in all cases except treason, felony, or breach of the peace, be 
privileged from arrest during their continuance at elections, and in going to and returning 
from the same. 

Sec. 23. Any person who may, at any time, have done any act which, under the third 
section of this Article, has disqualified or may disqualify him as therein expressed, and 
who shall, after the commission of such act, have voluntarily entered the military service 
of the United States, and have been honorably discharged therefrom, and, after such 
discharge, have demeaned himself in all respects as a loyal and faithful citizen, maybe 
relieved from such disqualification. In order thereto, he shall, in person, present his 
petition to the Circuit Court of the county of his residence, stating specifically the act or 
acts which produced such disqualification, and the grounds upon which he prays to be 
relieved therefrom; and tlie court shall set a day for hearing the cause, not less than five 
days after the presentation of the petition; when, if it appear by competent proof that the 
petitioner is justly entitled to the relief prayed for, the court shall make a decree removing 
such disqualification. But any act done by such person after the date of such decree, 
which would impose a disqualification under said third section of this Article, shall make 
such decree null and void, and remit him to his previous condition of disqualification; anil 
no such decree shall be granted a second time in his favor. 

Sec. 24. After an}" person shall have been so relieved by the decree of a Circuit Court, 
he shall, in order to vote, or hold any of the offices, positions, or trusts, or exercise any 
of the privileges or functions luM-oinbefore specified, take the oath of loyalty aforesaid, 
except the part thereof which refers to the third section of this Article and to the past acts 
or loyalty of the person taking the oath. 

Sec. 25. After the first day of January, one thousand eight hundred and seventy-one, 
and until the date hereinafter named, the General Assembly shall have power, if a majority 



262 

of all the members elected to both houses concur therein, to suspend or repeal any part oi 
the third, fifth, and sixth sections of this Article, so far as the same relate to the 
qualifications of voters, but no farther. After the first day ol January, one thousand 
eight hundred and seventy-five, the General Assembly may wholly suspend or repeal the 
third, fourth, fifth, sixth, eighth, ninth, tenth, eleventh and twelfth sections of this 
Article, or any part thei-eof, if a like majority of both houses concur therein. But no 
such suspension or repeal shall have the eflect of dispensing with the taking, by every 
person elected or appointed to any ofiice in this State, of so much of the oath of loyalty 
aforesaid as follows the word "domestic." On the passage of any bill suspending or 
repealing any of said sections, or any part thereof, the votes of both houses shall be taken 
by yeas and nays, and entered on the journals of the houses, respectively. The General 
Assembly shall also have power, at any time, to remove any such suspension or repeal, 
and reinstate the provisions suspended or repealed in full force and effect as a part of this 
Constitution. Every suspension or repeal made in pursuance of this section shall be 
general in its terms, and not in any case in favor of any named person; but the General 
Assembly may except from the benefit of such suspension or repeal any person, or class ot 
persons, it may see fit. 

Sec. 26. The General Assembly shall provide lor the exclusion from every office of 
honor, trust, or x^rofit within this State, and from the right of suffrage, of any person 
convicted of bribery, perjury, or other infamous crime. 

ARTICLE m. 

DISTRIBUTION OP POWERS. 

The powers of government shall be divided into three distinct departments, each of 
wdiich shall be confided to a separate magistracy; and no person charged with the exercise 
of powers properly belonghig to one of those departments shall exercise any power 
properly belonging to either of the others, except in the instances hereinafter expressly 
directed or permitted. 

ARTICLE TY. 

LEGISLATIVE DEPARTMENT . 

Section 1. The legislative power shall be vested in a General Assembly, which shall 
consist of a Senate and a House of Representatives. 

Sec. 2. The House of Representaties shall consist of members to be chosen, every 
second year, by the qualified voters of the several counties, and apportioned in the follow- 
ing manner: The ratio of representation shall be ascertained at each apportioning session 
of the General Assembly, by dividing the whole number of permanent inhabitants of the 
State by the number two hundred. Each county having one ratio, or less, shall be 
entitled to one Representative; each county having three times said ratio shall be entitled 
to two Representatives ; each county having six times said ratio shall be entitled to three 
Representatives; and so on above that number, giving' one additional member for every 
three additional ratios. When any county shall be entitled to more than one Repre- 
sentative, the Countj^ Court shall cause such county to be subdivided into as manj^ com- 
])act and convenient districts as such county may be entitled to Representatives; which 
districts shall be, as near as may be, of equal population; and the qualified voters of each 
of such districts shall elect one Representative, who shall be a resident of such district. 

Sec. 3. JSTo person shall be a member of the House of Representatives who shall not 
have attained the age of twenty-four years; who shall not be a white male citizen of the 
United States; who shall not have been a qualified voter of this State two years, and an 
inhabitant of the county Avhich he may be chosen to represent one year, next before the 
day of his election, if such county shall have been so long established; but if not, then of 
the county from which the same shall have been taken; and v/ho shall not have paid a 
State and county tax. 



263 

Sec. 4. The Senate shall consist of thirty-four members, to be chosen by the qualified 
voters for four years ; for the election of whom the State shall be divided into convenient 
districts . 

Sec. 5. ISTo person shall be a Senator who shall not have attained the age of thirty 
years; who shall not be a white male citizen of the United States; who shall not have been 
a qualified voter of this State three years, and an inhabitant of the district which he may 
be chosen to represent one year, next before the day of his election, if such district shall 
have been so long' established; but if not, then of the district or districts from which the 
same shall have been taken; and who shall not have paid a State and county tax. When 
any county shall be entitled to more than one Senator, the County Court shall cause such 
county to be subdivided into as many compact and convenient districts as such county may 
be entitled to Senators; which districts shall be, as near as may be, of equal population; 
and the qualified voters of each of such districts shall elect one Senator, who shall be a 
resident of such district. 

Sec. 6. Senators shall be apportioned among- their respective districts, as nearly as may 
be, according to the number of permanent inhabitants in each. 

Sec. 7. Senators and Representatives shall be chosen according to the rule of appor- 
tionment established in this Constitution, until the next decennial census taken by the 
United States shall have been made, and the result thereof as to this State ascertained, 
when the apportionment shall be revised and adjusted on the basis of that census. In the 
year one thousand eight hundred and seventy-six, and every tenth year thereafter, there 
shall be taken, under the authority of this State, a census of the inhabitants thereof; and 
after every such census the apportionment of Senators and Representatives may be based 
thereon, until the next succeeding National census; after which it may be based upon the 
National census, until the next succeeding decennial State census; and so on, from time to 
time, the enumerations made by the United States and this State shall beiised, as they 
respectively occur, as the basis of apportionment. 

Sec. 8. Senatorial and Representative districts may be altered, from time to time, as 
public convenience may require. When any Senatorial district shall be composed of two 
or more counties, they shall be contiguous. 

Sec. 9. The first election of Senators and Representatives under this Constitution shall 
be held at the general election in the year one thousand eight hundred and sixty-six, when 
the whole number of Senators and Representatives shall be chosen. 

Sec. 10. At the regular session of the General Assembly chosen at said election, the 
Senators shall be divided into two equal classes. Those elected from districts bearing odd 
numbers shall compose the first class, and those elected from districts bearing even 
numbers shall compose the sec6nd class. The seats of the first class shall be vacated at 
the end of the second year after the day of said election, and those of the second class at 
the end of the fourth year'after that day; so that one-half of the Senators shall be chosen 
every second year. In districting any county for the election of Senators, the districts 
shall be numbered so as to effectuate the division of Senators into classes, as required in 
thi^ section. 

Sec. 11. No member of Congress, or person holding any lucrative office under the 
Umted States or this State (militia otficers, justices of the peace, and notaries public 
excepted), shall be eligible to eitlier house of the General Assemblj^, or shall remain a 
member thereof after having accepted any sucli oflice, or a seat in either house of 
Congress. 

Sec. 12. No person who now is, or may hereafter be, a collector or liolder of public 
money, or assistant or deputy of sucii colk'(;tor or holder of public money, shall bt^ 
eligible to either liouse of the General Assembly until he shall have accounted for and 
paid all sums for wliich he may be accountable. 

Sec. 13. If any Senator or Representative leuiovo his residence fi'oni the district or 
county for wliich. he was elected, his office sluill thereby be vacated. 

Sec. 14. T)ie Governor shall issue writs of election to fill such vacancies as may occur 
in either house of the General Assembly. 



264 

Sec. 15. jSTo Senator or Representative shall, clm-ing the term for which he shall have 
been elected, be appointed to any civil office under this State which shall have been 
created, or the emoluments of which shall have been increased, during his continuance in 
office as a Senator or Representative, except to such offices as shall be fQled by elections of 
the people. 

Sec. 16. Senators and Representatives shall, in all cases except treason, felony, or 
breach of the peace, be privileged from arrest during the session of the General Assembl}^, 
and for fifteen days next before the commencement and after the termination of each 
session ; and for any speech or debate in either house they shall not be questioned in any 
other place. 

Sec. 17. The members of the General Assembly shall severally receive from the public 
Treasury such compensation for their services as may, from time to time, be provided by 
law; but no law increasing such compensation shall take effect in favor of the members of 
the General Assembly by which the same shall have been passed. 

Sec. 18. A majority of the whole number of members of each house shall constitute a 
quorum to do business; but a smaller number may adjourn from day to day, and may 
compel the attendance of absent members, in such manner and under such penalties as 
each house may provide. 

Sec. 19. Each house shall appoint its own officers; shall judge of the qualifications, 
elections, and returns of its own members; may determine the rules of its proceedings; 
may arrest and punish, by fine not exceeding three hundred dollars, or by imprisonment 
in a county jail not exceeding ten days, or both, any person not a member who shall be 
guilty of disrespect to the house, hy any disorderly or contemptuous behavior in its pres- 
ence, during its session; may punish its members for disorderly behavior; and, with the 
concurrence of two-thirds of all the members elected, may expel a member; but no mem- 
ber shall be expelled a second time for the same cause. 

Sec. 20. Each house shall, from time to time, publish a journal of its proceedings, 
except such parts thereof as may, in its opinion, require secrecy ; and the yeas and nays 
on any question shall be taken, and entered on the journal, at the desire of any two mem- 
bers. Whenever the yeas and nays are demanded, the whole list of members shall be 
called, and the names of absentees shall be noted, and published with the journal. 

Sec. 21. The sessions of each house shall be held with open doors, except in cases 
which may require secrecy. 

Sec. 22. Neither house shall, without the consent of the other, adjourn for more than 
two days at any one time, nor to any other place than that in which the two houses may 
be sitting. . 

Sec. 23. Bills may originate in either house, and may be altered, amended, or rejected 
by the other; and every bill shall be read on three different days in each house, unless 
tsvo-thirds of the house, where the same is pending, shall dispense with this rule; and 
every bill, having passed both houses, shall be signed by the Speaker of the House of 
Representatives, and by the President of the Senate. 

Sec. 24. Xo bill shall be passed unless by the assent of a majority of all the members 
elected to each branch of the General Assembly, and the question upon the final passage 
shall be taken immediately upon the last reading; and the yeas and nays shall be taken 
thereon and entered upon the journal. 

Sec. 25. Xo act shall be revived or re-enacted by mere reference to the title thereof; nor 
shall any act be amended by providing that designated words thereof shall be struck out, 
or that designated words shall be struck out and others inserted in lieu thereof; but in 
every such case the act revived or re-enacted, or the act or part of act amended, shall be 
set forth and published at length, as if it were an original act or provision. 

Sec. 26. The style of the laws of this State shall be — '"'Be it enacted by the General 
Assembly of the State of Missouri^ as follows. ' ' 

Sec. 27. The General Assembly shall not pass special laws divorcing any named 
parties; or declaring any named person of age; or autlTorTzing an^^ named minor to sell, 
lease, or encumber his or her property; or providing for the sale of the real estate of any 



265 

named minor or other person, laboring under legal disability, by any executor, admin- 
istrator, guardian, trustee, or other person; or changing the name of any person ;^r 
establishing, locating, altering the course, or affecting the construction of roads ,\ or the 
building or repairing of bridges; or establishing, altering, or vacating any street, avenue, 
or alley in any city or town; or extending the time for the assessment or collection of 
taxes, or otherwise relieving any assessor orcollectoi* of taxes from the due performance of 
his official duties; or giving effect to informal or invalid wills or deeds; or legalizing, 
except as against the State, the unauthorized or invalid acts of any officer; or granting to 
any individual or company the right to lay down railroad tracks in the streets of any city 
or town ; or exempting any property of any named person or corporation from taxation. 
The General Assembly shall pass no special law for any case for wiiich provision can be \ 
made by a general law; but shall pass general laws providing, so far as it may deem neces- \ 
sary, for the cases enumerated in this section, and for all other cases where a general law / 
can be made applicable. 

Sec. 28. The General Assemblj'' shall never authorize any lottery ; nor shall the sale of 
lottery tickets be allowed ; nor shall any lottery heretofore authorized be loermitted to be 
drawn, or tickets therein to be sold. 

Sec. 29. The General Assembly shall have no power to make compensation for emanci- 
pated slaves. 

Sec. 30. The General Assembly shall have no power to i-emove the county seat of any 
county, unless two-thirds of the qualified voters of the county, at a general election, shall 
vote in favor of such i-emoval. Ko compensation or indemnity for real estate, or the 
improvements thereon, affected by such removal, shall be allowed. 

Sec. 31. The General Assembly shall have no power to establish any new county with a 
territory of less than five hundred square miles, or with a population less than the ratio of 
representation existing at the time; nor to reduce any county now established to less than 
that area, or to less population than such ratio. 

Sec. 32. No law enacted by the General Assembly shall relate to more than one sub- 
ject, and that shall be expressed in the title; but if any subject embraced in an act be not 
expressed in the title, such act shall be void onl}^ as to so much thereof as is not so 
expressed. 

Sec. 33. The General Assembly shall direct, by law", in what manner, and in what 
courts, suits may be brought against the State. 

Sec. 34. When any officer, civil or military, shall be appointed by the joint or concur- 
rent vote of both houses, or by the separate vote of either house, the votes shall be pub- 
licly given viva voce, and entered on the journals. 

Sec. 35. The General Assembly, elected in the year one thousand eight hundred and 
sixty-six, shall meet on the first Wednesday of January, one thousand eight hundred and 
sixty-seven; and thereafter the General Assembly shall meet, in regular session, once in 
every two years; and such meeting shall be on the first Wednesday of January, unless a 
different day be fixed by lav/. 

ARTICLE \ . 
executive department. 

Section 1. The supreme executive power shall be vested in a chief magistrate, who 
shall be styled ' ' The Governor of the State of Missouri. " ' 

Sec. 2. The Governor shall be at least thirty -live years old, a white male citizen of the 
United States ten years, and a resident of this State seven yeai's, next before his election. 

Sec. 3. The Governor elected at the general election in the year one thousand eight 
hundred and sixty-eight, and each Governor thereafter elected, shall hold his ofllce two 
years, and until a successor be dul}'- elected and qurditied. At the time and place of voting 
for members of the House of Representatives, the qualilled voters shall vote for a Ctov- 
ernor; and when two or more persons have an equal number ot votes, and a higher 
number than any other person, the election shall be decided between them by a joint vote 
of both houses of the General Assembly, at their next session. 



266 

Sec. 4. The Governor shall not be eligible to office more than four years in six. 

Sec. 5. The Governor shall be commander-in-chief of the militia of this State, except 
when they shall be called into the ser^dce of the United States; bat he need not command 
in person , unless advised to do so by a resolution of the General Assembly . 

Sec. 6. The Govei-nor shall have the power to grant reprieves, commutations, and 
pardons, after conviction, for all offenses except treason and cases of impeachment, upon 
such conditions, and with such restrictions and limitations, as he may think proper, sub- 
ject to such regulations as may be provided by law relative to the manner of applying for 
pardons. He shall, at each session of the General Assembty, communicate to that body 
each case of reprieve, commutation, or pardon granted, stating the name of the convict, 
the crime of which he was convicted, the sentence and its date, the date of the commuta- 
tion, pardon, or reprieve, and the reasons for granting the same. He shall take care that 
the laws be distributed and faithfully executed; and shall be a conservator of the peace 
throughout the State. 

Sec. 7. The Governor shall, from time to time, give to the General Assembly informa- 
tion relative to the state of the Government, and shall recommend to their consideration 
such measures as he shall deem necessary and expedient. On extraordinarj^ occasions he 
may convene the General Assembly by proclamation, wherein he shall state specifically 
each matter concerning which the action of that body is deemed necessary; and the General 
Assemblj^ shall have no power, when so convened, to act upon any matter not so stated in 
the proclamation . 

Sec. 8. When any office shall become vacant, the Governor, unless otherwise provided 
by law, shall appoint a person to fill such vacancj^, who shall continue in office until a 
successor shall be duly elected or appointed, and qualified, according to law. 

Sec. 9. Every bill which shall have been passed by both houses of the General Assem- 
bly, before it becomes a law shall be presented to the Governor for his approbation. Khe 
approve, he shall sign it; if not, he shall return it, with his objections, to the house in 
which it shall have originated; and the house shall cause the objections to be entered at 
large on its journals, and shall proceed to reconsider the bill. After such reconsideration, 
if a majority of all the members elected to that house shall agree to pass the same, it shall 
be sent, together with the objections, to the other house, by which it shall, in like man- 
ner, be reconsidei-ed ; and if approved by a majority of all the members elected to 
that house, it shall become a law. In all such cases the votes of both houses shall be 
taken by yeas and nays, and the names of the members voting for and against the bill 
shall be entered on the journals of each house, respectively. If any bill shall not be 
returned by the Governor mthin ten days (Sundays excepted) after it shall have been pre- 
sented to him, the same shall become a law, iu like manner as if the Governor had signed 
it, unless the General Assembly, by its adjournment, shall prevent its return; in which 
case it shall not become a law, unless the Governor, after such adjournment, and mthin 
ten days after the bill was presented to him (Sundays excepted), shall sign and deposit 
the same in the office of the Secretary of State; in which case it shall become a law, in 
like manner as if it had been signed by him during the session of the General Assembly. 

Sec. 10. Every resolution to which the concurrence of the Senate and House of Rep- 
resentatives may be necessary, except on questions of adjournment, of going into joint 
session, and of amending this Constitution, shall be presented to the Governor; and, 
before the same shall take effect, shall be proceeded upon in the same manner as in the 
case of a bill. 

Sec. 11. The Governor shall, at stated times, receive for his services an adequate 
salar3% to be fixed by law; which shall neither be increased nor diminished during liis con- 
tinuance in office . 

Sec. 12. There shall be a Lieutenant Governor, who shall be elected at the same time, 
in the same manner, for the same term, and shall possess the same qualifications, as the 
Governor. 

Sec. 13. The Lieutenant Governor, by virtue of his office, shall be President of the 
Senate. In Committee of the Whole, he may debate on all questions; and, when there is 



267 

an equal division, shall give the casting vote in the Senate, and also in joint vote of 
both houses. 

Sec. 14. When the office of Governor shall become vacant, by death, resignation, 
removal from the State, removal from office, refusal to qualify, or otherwise, the Lieu- 
tenant Governor shall perform the duties, possess the powers, and receive the compensa- 
tion of the Governor, during the remainder of the term for which the Governor was 
elected. When the Governor is absent from the State, or is unable, from sickness, to 
perform his duties, or is under impeachment, the Lieutenant Governor shall perform said 
duties, possess said powers, and receive said compensation, until the Governor return to 
the State, be enabled to resume his duties, or be acquitted. If there be no Lieatenant 
Governor, or if he be absent from the State, disabled by sickness, or under impeachment, 
the President of the Senate -pro tempore^ or, in case of lilce absence or disability on his 
part, or of there being no President of the Senate ^ro tempore, the Speaker of the House of 
Representatives, shall assume the office of Governor, in the same manner, and with the 
same powers and compensation, as are prescribed in the case of the office devolving on the 
Lieutenant Governor. 

Sec. 15. The Lieutenant Governor, or the President of the Senate pro tempore, while 
presiding in the Senate, shall receive the same compensation as shall be allowed to the 
Speaker of the House of Representatives . 

Sec. 16. There shall be a Secretary of State, a State Auditor, a State Treasurer, and an 
Attorney General, who shall be elected by the qualified voters of the State, at the same 
time, in the same manner, and for the same term of office, as the Governor. No person 
shall be eligible to either of said offices, unless he be a white male citizen of the United 
States, and at least twenty-five years old, and shall have resided in this State five years 
next before his election. The Secretary of State, the State Auditor, the State Treasurer, 
and the Attorney General, shall keep their respective offices at the seat of Government, 
and shall perform such duties as may be required of them by law. 

Sec. 17. The returns of all elections of Governor, Lieatenant Governor, and other 
State officers, shall be made to the Secretary of State, in such manner as may be pre- 
scribed by law. 

Sec. 18. Contested elections of Governor and Lieutenant Governor shall be decided 
by joint vote of both houses of the General Assembly, in such manner as may be pre- 
scribed by law. 

Sec. 19. Contested elections of Secretary of State, State Auditor, State Treasurer, and 
Attorney General, shall be decided before such tribunal, and in such manner, as may be 
by law provided. 

Sec. 20. The Secretary of State shall be the custodian of the seal of State, and shall 
authenticate therewith all official acts of the Governor, his approbation of laws excepted. 
The said seal shall be call the '-'■ Great Seal of the State of Missouri;'' ' and the emblems and 
devices thereof, heretofore prescribed by law, shall not be subject to change. 

Sec. 21. The Secretary of State shall keep a register of the official acts of the Governor, 
and, when necessary, shall attest them; and shall lay copies of the same, together ^^^th 
copies of all papers relating thereto, before either house of the General Assembh^ when- 
er\''er required to do so. 

Sec. 22. There shall be elected, by the qualified voters in each county, at the time and 
places of electing Representatives, a sheriff" and a coroner. They shall serve for two 
years, and until a successor be duly elected and qualified, unless sooner removed for mal- 
feasance in office, and shall be ineligible four years in an}' period of eight years. Before 
entering on the duti(^.s of their office they shall give securify- in such amount, and in such 
manner, as shall be prescribed by law. Whenever a county shall be hereafter established, 
the Governor shall a]opoint a sherift' and a coroner therein, who shall continue in office 
until the next succeeding general election, and until a successor shall be duly elected 
and qualified. 

Sec. 23. Whenever a vacancy shall happen in the office of sherifi' or (>oronor, the same 
shall be filled by the County Court. If such vacancy happen in the office of sherifi" more 



268 

than nine months prior to the time of holding a general election, snch County Court shall 
immediately order a special election to fill the same; and the person by it appointed shall 
hold office until the person chosen at such election shall be duly qualified ; other^^ise the 
person appointed by such Count}' Court shall hold office until the person chosen at such 
general election shall be duly qualified. If any vacancy happen in the office of coroner, 
the same shall be filled, for the remainder of the term, by such Coimty Court, i^o person 
elected or appointed to fill a vacancy in either of said offices shall thereby be rendered 
ineligible for the next succeeding term . 

Sec. 24. In all elections for sheriff" and coroner, when two or more persons have an 
equal number of votes, and a higher than any other person, the presiding judge of the 
County Court of the county shall give the casting vote; and all contested elections for the 
said offices shall be decided by the Circuit Court of the proper county, in such manner as 
the General Assembly may, by law, prescribe. 

Sec. 25. The Governor shall commission all officers not otherwise provided by law. 
All commissions shall run in the name and hj the authority of the State of Missouri, be 
sealed with the State seal, signed by the Governor, and attested by the Secretary of State. 

Sec. 26. The appointment of all officers, not otherwise directed by this Constitution, 
shall be made in such manner as may be prescribed by law. 

ARTICLE VI. 

JUDICIAL DEPARTMENT. 

Section 1. The judicial power, as to matters of law and equity, shall be vested in a 
Supreme Com-t, in District Courts, in Circuit Courts, and in such inferior tribunals as the 
General Assembly may, from time to time, establish. 

Sec. 2. The Supreme Court, except in cases otherwise directed by this Constitution, 
shall have appellate jurisdiction only, which shall be coextensive with the State, under 
the restrictions and limitations in this Constitution provided. 

Sec. 3. The Supreme Court shall have a general superintending control over all inferior 
courts of law. It shall have power to issue writs of habeas corpus^ viaadamus^ quo war- 
ranto^ certioran^ and other oiiginal remedial writs, and to hear and determine the same. 

Sec. 4. The Supreme Court shall consist of three judges, any two of whom shall be a 
quorum; and the said judges shall be conservators of the peace throughout the State. 

Sec. 5. The State shall be divided into convenient districts, not to exceed four, in each 
of which the Supreme Court shall be held, at such time and place as the General Assembly 
may appoint; and. when sitting in either district, it shall exercise jurisdiction over causes 
originating in that district only: but the General Assembly may direct, by law, that tlie 
said court shall be held at one place only. 

Sec. 6. The judges of the Supreme Court shall hold office for the term of six j^ears, 
and until their successors shall be duly elected and qualified, except as hereinafter provided. 

Sec. 7. At the general election in the year one thousand eight hundred and sixty-eight, 
all the judges of the Supreme Court shall be elected by the qualified voters of the State, 
and shall enter upon then- office on the first Monday of January next ensuing. At the 
first session of the court thereafter, the judges shall, by lot, determine the duration of 
their several terms of office, which shall be, respectively, two, four, and six years; and shall 
certify the result to the Secretary of State. At the general election every two years after 
said first election, one judge of said court shall be elected, to hold office for the period of 
six years from the first Monday of January next ensuing. The judge having at anj^ time 
the shortest term to serve shall be the presiding judge of the court. 

Sec. 8. If a vacancy shall happen in the office of any judge of the Supreme Court, by 
death, resignation, removal out of the State, or other disqualification, the Governor shall 
appoint a suitable person to fill the vacancy until the next general election occurring more 
than three months after the happening of such vacancy, when the same shall be filled by 
election, by the qualified voters of the State, for the residue of the terra. 

Sec. 9. In case of a tie, or a contested election between the candidates, the same shall be 
determined in the manner prescribed by law. 



269 

Sec. 10. If, in reo'ard to any cause pending in the Supreme Court, the judges sitting 
shall be equally divided in opinion, no judgment shall be entered therein based on such 
division; but the parties to the cause may agree upon some person, learned in the law, who 
shall act as special judge in the cause, and who shall therein sit with the court, and give 
decision, in the same manner and with the same effect as one of the judges. If the parties 
can not agree upon a special judge, the court shall appoint one. 

Sec. 11. The judges of the Supreme Court shall give their opinion upon important 
questions of constitutional law, and uiDon solemn occasions, when required by the Governor, 
the Senate, or the House of Representatives; and all such opinions shall be published in 
connection with the reported decisions of said court. 

Sec. 12. The State, except the county of St. Louis, shall be divided into not less than 
five districts, each of which shall embrace at least three judicial circuits; and in each district 
a court, to be known as the District Court, shall be held, at such times and places as may 
be provided by law. Each District Court shall be held by the judges of the Circuit Courts 
embraced in the district, a majority of whom shall be a quorum . The District Courts shall, 
within their respective districts, have like original jurisdiction with the Supreme Court, 
and appellate jurisdiction from the final judgments of the Circuit Courts, and of all inferior 
courts of record within the district, except Probate and County Courts. After the establish- 
ment of such District Courts, no appeal or writ of error shall lie from any Circuit Court, or 
inferior court of record, to the Supreme Court, but shall be prosecuted to the District Court, 
from the final judgments of which an appeal or writ of error may be taken to the Sujpreme 
Court, in such cases as may be provided by law. 

Sec. 13. The Circuit Court shall have jurisdiction over all criminal cases which shall 
not be otherwise provided for by law; and exclusive original jurisdiction in all civil cases 
which shall not be cognizable before justices of the peace, until otherwise directed by the 
General Assembly. It shall hold its terms at such time and place, in each county, as may 
be by law directed. 

Sec. 14. The State shall be divided into convenient circuits, of which the county of St. 
Louis shall constitute one, for each of which, except as in the next succeeding section 
specified, a judge shall be elected by the qualified voters of the respective circuits, and, 
except as hereinafter provided, shall be elected tor the term of six years; but ma}^ continue 
in office until his successor shall be elected and qualified; and the judge of each circuit, 
after his election or appointment, as hereinafter provided, shall reside in, and be a 
conservator of the peace within , the circuit for which he shall be elected or appointed ; and 
it any vacancy shall happen in the office of an}^ circuit ^udge, by death, resignation, 
removal out of his circuit, or by any other disqualification, the Governor shall, upon being 
satisfied that a vacancy exists, issue a writ of election to fill such vacancy; provided that 
said vacancy shall hapi)en at least six months before the next general election for said 
judge; but if such vacancy shall happen within six months of the general election 
aforesaid, the Governor shall appoint a judge for such circuit; but every election or 
appointment, to fill a vacancy, shall be for the residue of the term only. And the General 
Assembly shall provide, by law, for the election of said judges in their respective circuits; 
and in case of a tie, or contested election between the candidates, the same shall be 
determined in the manner to be prescribed by law. And the General Assemby shall 
provide, bylaw, for the election of said judges, in their respective circuits, to fill any 
vacancy which shall occur at any time at least six months before a general election for said 
judges. At the general election in the year one thousand eight hundred and sixty-eight, 
and at the general election every sixth year thereafter, except as hereinafter provided, aR 
the circuit judges shall be elected, and shall enter upon their offi(;es on the first Monday of 
January next ensuing. No judicial circuit shall be altered or changed at anj' session of 
the General Assembly next preceding the general election for said judges. 

Sec. 15. From and after the lirst day of January, one thousand eight hundred and sixty- 
six, the Circuit Court of tlie county of St. Louis shall be composed of three judges, each of 
whom shall try causes separately, and all, or a majority of whom, shall constitute a court 
in bank, to decide questions of law, and to correct errors occurring in trials; and. from 



2T0 

and after that day, there shall not be in said county any other court of record having civil 
jurisdiction, except a Probate Court and a County Court. The additional judges of the 
Circuit Court of the county of St. Louis, authorized by this section, shall be appointed by 
the Governor, ^%ith the advice and consent of the Senate, and shall hold their offices nntil 
the next general election of judges of Cii'cuit Courts, when the whole number of the judges 
of said court shall be elected. At the first session of said court, after the judges thereof who 
may be elected in the year one thousand eight hundred and sixty-eight shall have assumed 
office, the said judges shall, by lot, determine tlie duration of their several terms ot office, 
which shall be, respectively, two, four, and six years; and shall certify the result to the 
Secretary of State. At the general election every two years, after the election in that year, 
one judge of said court shall be elected, to hold office for the term of six years from the first 
Monday of January next ensuing. The General Assembly shall have power to increase the 
number of the judges of said court, from time to time, as the public interest may require. 
Any additional judges authorized shall hold office for the term of six years, and be elected 
at a general election, and entei- on their office upon the fii-st Monday of January next 
ensuing. 

Sec. 16. The provisions contained in this Article, requiring an election to be held to fill 
a vacancy in the office of judges of the Supreme and Circuit Com'ts, shall have relation to 
vacancies occurring after the year one thousand eight hundred and sixty-eight; up to which 
time any such vacancy shall be filled by appointment by the Governor. 

Sec. 17. If there be a vacancy in the oflice of judge of any circuit, or if he be sick, absent, 
or from any cause unable to hold any term of court of any couuty of his circuit, such term 
of court may be held by a judge of any other circuit; and at the request of the judge of any 
circuit, any term of court in his circuit may be held by the judge of any other circuit. 

Skc. 18. No person shall be elected or appointed a judge of the Supreme Court, nor of a 
Circuit Court, before he shall have attained to the age of thirty years, and have been a 
citizen of the United States five years, and a qualified voter of this State three years. 

Sec. 19. Any judge of the Supreme Court or the Circuit Court, may be removed from 
office, on the address of two-thirds of each house of the General Assembly to the Gov- 
ernor for that purpose; but each house shall state, on its respective journal, the cause for 
which it shall wish the removal of such judge, and give him notice tliereof; and he shall 
have the right to be heard in his defense, in such manner as the General Assembly shall 
by law direct; but no judge shall be removed in this manner for any cause for which he 
might have been impeached. ^ 

Sec. 20. The judges of the Supreme Court, and the judges of the Circuit Courts, 
shall, at stated times, receive a compensation foi* their ser^ices, to be fixed by law, which 
shall not be diminished during the period for which they were elected. 

Sec. 21. The Circuit Court shall exercise a superintending control over all such inferior 
tribunals as the General Assembly may establish, and over justices of the peace in each 
county in their respective circuits . 

Sec. 22. The Supreme Court and the District Courts shall appoint their respective 
clerks. Clerks of all other courts of record shall be elected by the qualified voters of the 
county, at a general election, and shall hold office for the term of four years from and 
after the first Monday of January next ensuing, and until their successors are didy elected 
and qualified. The first election of such clerks, after the adoption of this Constitution, 
shall be at the general election in the year oue thousand eight hundred and sixty-six; any 
existing law of this State to the contrary notwithstanding. 

Sec. 23. Inferior tribunals, to be known as County Courts, shall be established in each 
county for the transaction of all county business. In such courts, or in such other 
tribunals inferior to the Circuit Courts as the General Assembly may establish, shall be 
vested the jurisdiction of all matters appertaining to probate business, to granting letters 
testamentary and of administration, to settling the accounts of executors, administrators 
and guardians, and to the appointment of guardians, and such other jurisdiction as may 
be conferred by law. 



271 

Sec. 24, No clerk of any coui-t established by this Constitution, or by any law of this 
State, shall apply to his own use, from the fees and emoluments of his office, a greater sum 
than two thousand five hundred dollars for each year of his official term, after paying out 
of such fees and emoluments such amounts for deputies and assistants In his office as the 
court may deem necessary and may allow ; but all surplus of such fees and emoluments 
over that sum, after paying tiie amounts so allowed, shall be paid into the county treasury 
for the use of the county. The General Assembly shall pass such laws as may be necessary 
to carry into effect the provisions of this section . 

Sec. 25. In each count.y there shall be appointed, or elected, as many justices of the 
peace as the public good may be thought to require. Their powers and duties, and their 
dm-ation in office, shall be regulated by law. 

Sec. 26. All writs and process shall run, and all prosecutions shall be conducted, in the 
name of the ' ' State of Missouri ; " all writs shall be tested by the clerk of the com-t from 
which they shall be issued; and all indictments shall conclude ''against the peace and 
dignity of the State." 

ARTICLE VII. 

IMPEACHMENTS. 

Section 1. The Governor, Lieutenant Governor, Secretary of State, State Auditor? 
State Treasurer, Attorney General, and all judges of the courts, shall be liable to impeach- 
ment for an J' misdemeanor in office; but judgment in such case shall not extend farther 
than removal from office, and disqualification to hold any office of honor, trust, or profit 
under this State. 

Sec. 2. The House of Representatives shall have the sole power of imj)eachment. All 
impeachments shall be tried by the Senate; and when sitting for that purpose the Senators 
shall be on oath or affirmation to do justice according to law and evidence. When the 
Governor shall be tried, the presiding Judge of the Supreme Court shall preside. No 
pcTSon shall be convicted without the concurrence of two-thirds of the Senators present. 

ARTICLE Vni. 

BANKS AND CORPORATIONS. 

Section 1. No coriDorate body shall hereafter be created, renewed, or extended, with the 
privilege of making, issuing, or putting in circulation any notes, bills, or other paper, or 
the paper of any other bank, to circulate as money; and the General Assembly shall pro- 
hibit, bylaw, individuals and corporations from issuing bills, checks, tickets, promissory 
notes, or other paper, to circulate as money. 

Sec. 2. No law shall be passed reviving or re-enacting any act heretofore passed creating 
aaiy private corporation, where such corporation shall not have been organized, and com^ 
menced the transaction of its bu.siness, within one year from the time such act took eflect, 
or within such other time as may have been prescribed in such act for such organization 
and commencement of business. 

Sec. 3. The General Assembly shall, at its first session after this Constitution goes into 
effect, enact laws enabling any of the existing banks of issue to reorganize asnational 
banks under the act of Congress; and shall also provide for the sale of the stock owned by 
this State in the Bank of the State of Missouri, upon such terms and conditions as shall be 
by law established. 

Sec. 4. Corporations may be formed under general laws, but shall not be created by 
special acts, except for municipal purposes. All general laws and special acts passed 
pursuant to this section may be altered, amended, or repealed. 

Sec. 5. No municipal corporations, except cities, shall be created by special act; and no 
city shall be incorporated with less than five thousand permanent inhabitants, nor 
unless the people thereof , by a direct vote upon the question, shall have decided in favor 
of such incorporation. 



272 

Sec. 6. Dues from priyate corporations shall be secured by such means as may be pre- 
scribed by law; but in all cases each stockholder shall be individually liable, over and above 
the stock by him or her owned, and any amount unpaid thereon, in a farther sum at least 
equal in amount to such stock. 

ARTICLE IX. 

EDUCATION. 

Section 1. A general diffusion of knowledge and Intelligence being essential to the 
preservation of the rights and liberties of the people, the General Assembly shall establish 
and maintain free schools for the gratuitous instruction of all persons in this State, 
between the ages of live and twenty-one years. 

Sec. 2. Separate schools may be established for children of African descent. AU funds 
provided for the support of public schools shall be appropriated in proportion to the 
number of children, without regard to color. 

Sec. 3. The supervisioi) of public instruction shall be vested in a Board of Education, 
whose powers and duties shall be prescribed hy law. A Superintendent of Public Schools, 
who shall be the President of the Board, shall be elected by the qualified voters of the 
State. He shall possess the qualifications of a State Senator, and hold his office for the 
term of four years; and shall perform such duties, and receive such compensation, as may 
be prescribed by law. The Secretary of State and Attorney General shall be ex-officio 
members, and, vsith the Superintendent, compose said Board of Education. 

Sec. 4. The General Assembly shaU also establish and maintain a State University, 
mth departments for instruction in teaching, in agriculture, and in natural science, as 
soon as the public school fund will permit. 

Sec. 5. The proceeds of fill lands that have been, or hereafter may be, granted by the 
United States to this State, and not other\\ise appropriated by this State or the United 
States; also, all moneys, stocks, bonds, lands, and other property now belonging to any 
fund for purposes ot education; also, the net proceeds of all sales of lands and other 
property and effects that may accrue to the State by escheat, or from sales of estrays, or 
from unclaimed dividends, or distributive shares of the estates of deceased persons, or 
from fines, penalties, and forfeitures; also, any proceeds of the sales of the public lands 
which may have been, or hereafter may be, paid over to this State (if Congress wiU con- 
sent to such appropriation); also, all other grants, gifts, or devises that have been, or 
hereafter may be, made to this State, and not otherwise appropriated by the terms of the 
grant, gift, or devise; shall be securely invested and sacredly preserved as a Public School 
Fund; the annual income of v\^hich fund, together with so much of the ordinary revenue 
of the State as may be necessary, shall be faithfully appropriated for establishing and 
maintaining the fi'ee schools and the University in this Article provided for, and for no 
other uses or purposes whatsoever. 

Sec. 6. No part of the public school fund shall ever be invested in the stock, or bonds, 
or other obligations of any State, or of any county, city, town, or corporation. The stock 
of the Bank of the State of Missouri now held for school purposes, and all other stocks 
belonging to any school or university fund, shall be sold, in such manner and at such time 
as the General Assembly shall prescribe ; and the proceeds thereof, and the proceeds of the 
sales of any lands or other property which now belong, or may hereafter belong, to said 
school fund, may be invested in the bonds of the United States. All county school funds 
shall be loaned upon good and sufficient unincumbered real estate security, ^vith personal 
security in addition thereto . 

Sec. 7. No township or school distiict shall receive any portion of the public school fund, 
unless a free school shall have been kept therein for not less than three months during the 
year for which distribution thereof is made. The General Assembly shall have power to 
require, by law, that every child, of sufficient mental and physical ability, shall attend the 
public schools, dmiug the period between the ages of five and eighteen years, for a term 
equivalent to sixteen months, unless educated by other means. 



• 273 

Sec, 8. In case the public school fund shall be hisufRcient to sustain a free school at least 
four months in every year in each school district in this State, the General Assembly may 
provide, by law, for the raising of such deficiency, by levying a tax on all the taxable 
property in each county, township, or school district, as they may deem proper. 

Sec. 9. The General Assembly shall, as far as it can be done without infringing upon 
vested rights, reduce all lands, moneys, and other property used or held for school pur- 
poses, in the various counties of this State, into the Public School Fund herein provided 
for; and, in making distribution of the annual income of said fund, shall take into consider- 
ation the amount of any county or city funds appropriated for common school purposes, 
and make such distribution as will equalize the amount appropriated for common schools 
throughout the State. 

ARTICLE X. 



Section 1. All able-bodied male inhabitants of this State, between the ages of eighteen 
and forty-five years, who are citizens of the United States, or have declared their intention 
to become citizens of the United States, shall be liable to military duty in the militia of 
this State; and there shall be no exemiDtion from such duty, except of such persons as the 
General Assembly may, by law, exemi3t. 

Sec. 2. The General xissembly shall, by law, provide for the organization of the 
militia, _ and for the paying of the same when called into actual service; but there shall be 
no officer above the grade of Brigadier General, nor shall there be more than two officers 
of that grade . 

Sec. 3. Each company and regiment shall elect its own company and regimental 
officers ; but if any company or regiment shall neglect to elect such officers within the 
time prescribed bylaw, or by the order of the Governor, they may be appointed by 
the Governor. 

ARTICLE XI. 

miscellaneous provisions. 

Section 1 . The General Assembly of this State shall never interfere with the primary 
disposal of the soil by the United States, nor with any regulation which Congress may 
find necessary for securing the title in such soil to the hooia fide purchasers. No tax shall 
be imposed on lands the .property of the United States; nor shall lands belonging to 
persons residing out of the limits of this State ever be taxed at a higher rate than the 
lands belonging to persons residing within the State. 

Sec. 2. The State shall have concurrent jurisdiction on the river Mississippi, and on 
every other river bordering on the said State, so far as the said river shall form a common 
boundary to this State and any other State which may be bounded thereby; and the said 
river Mississippi, and the navigable rivers and waters leading into the same, whether 
bordering on or within this State, shall be common highways, and forever free to the 
citizens of this State and the United States, without any tax, duty, impost, or toll therefor 
imposed by the State. 

Sec. 3. All statute laws of this State now in force, not inconsistent \y\th. this Constitu- 
tion, shall continue in force until they shall expire by their own limitation, or be amended "^ 
or repealed by the General Assembly; and all writs, prosecutions, actions, and causes ot 
action, except as herein otherwise provided, shall continue; and all indictments which 
shall have been found, or may hereafter be found, for any crime or offense committed 
before this Constitution takes effect, may be proceeded upon as if no change had taken 
place, except as hereinafter specified. 

Sec. 4. No person shall be prosecuted in any civil action or criminal proceeding, tor or 
on account of any act by him done, performed, or executed, after the first day of January, 
one thousand eight hundred and sixty-one, by virtue of military authority vested in him 
Q 



274 

by the Government of the United States, or that of this State, to do such act, or in 
pursuance of orders received by him from any person vested with such authority; and if 
any action or proceeding shall have heretofore been, or shall hereafter be, instituted 
against any person for the doing of any such act, the defendant may plead this section 
in bar thereof. 

Sec. 5. No person who shall hereafter fight a duel, or assist in the same as a second, or 
send, accept, or knowingly carry a challenge therefor, or agree to go out of this State to 
fight a duel, shall hold any office in this State. 

Ssc. 6. No money shall be drawn from the Treasury but in consequence of appropria- 
tions made by law; and an accurate account of the receipts and expenditures of the public 
money shall be annually published. 

Sec. 7. No person holding an office of profit under the United States shall, during his 
continuance in such office, hold any office of profit under this State. 

Sec. 8. In the absence of any contrary provision, all officers now or hereafter elected or 
appointed shall hold office during their official term, and until their successors shall be 
duly elected or appointed, and qualified. 

Sec. 9. The General Assemblj^ shall have power to repeal or modify all ordinances 
adopted by any previous Convention. 

Sec. 10. The seat of Government of tliis State shall remain at the City of Jefferson. 

Sec. 11. No person emancipated by the '-'- Ordinance abolishing slavery in Missouri^'''' 
adopted on the eleventh day of January, one thousand eight hundred and sixty-five, shall, 
by any County Court or other authority, be apprenticed, or bound for any service, except 
in pursuance of laws made specially applicable to the persons so emancipated. 

Sec. 12. The General Assembly shall provide, by law, for the indictment and trial of 
persons charged with, the commission of any felony, in any county other than that in which 
the offense was committed, whenever, owing to prejudice or any other cause, an imi^artial 
grand or petit jury can not be impanneled in the county in which such offense was 
committed. 

Sec. 13. The credit of the State shall not be given or loaned in aid of any person, 
association, or corporation; nor shall the State hereafter become a stockholder in any 
corporation or association, except for the purpose of securing loans heretofore extended to 
certain railroad corporations by the State. 

Sec. 14. The General Assembly shall not authorize any county, city, or town to become 
a stockholder in, or to loan its credit to, any companyT^ssociation, or corporation, unless 
two-thirds of the qualified voters of such county, city, or town, at a regular or special 
election to be held therein, shall assent thereto. 

Sec. 15. The General Assembly shall have no power, for any purpose whatever, to 
release the hen held by the State upon any railroad. 

Sec. 16. No property, real or personal, shall be exempt from taxation, except such as 
may be used exclusively for public schools, and such as may belong to the United States, 
to this State, to counties, or to municipal corporations within this State. 

ARTICLE Xn. 

MODE OF AMENDING AND REVISING THE CONSTITUTION. 

Section 1. This Constitution may be amended and revised in pursuance of the pro- 
visions of this Article. 

Sec. 2. The General Assembly, at any time, may propose such amendments to this 
Constitution as a majority of the members elected to each House shall deem expedient; 
and the vote thereon shall be taken by yeas and nays, and entered in full on the journals. 
And the proposed amendments shall be published with the laws of that session, and also 



275 

shall be published weekly in two newspapers, if such there be, within each Congressional 
district in the State, for four months next preceding the general election then next ensuing. 
The proposed amendments shall be submitted to a vote of the people, each amendment 
separately, at the next general election thereafter, in such manner as the General Assembly 
may provide. And if a majority of the qualified voters of the State, voting for and against 
any one of said amendments, shall vote for such amendment, the same shall be deemed and 
taken to have been ratified by the people, and shall be valid and binding, to all intents and 
purposes, as apart of this Constitution. 

Sec. 3. The General Assembly may, at any time, authorize, by law, a vote of the people 
to be taken upon the question whether a Convention shall be held for the purpose of 
revising and amending the Constitution of this State; and if, at such election, a majority of 
the votes on the question be in favor of a Convention , the Governor shall issue writs to the 
sheriffs of the different counties, ordering the election of delegates to such a Convention. 
on a day within three months after that on wliich the said question shall have been voted 
on. At such election, each Senatorial District shall elect two delegates for each Senator to 
which it maybe then entitled in the General Assembly, and every such delegate shall 
have the qualifications of a Senator. The election shall be conducted in conformity with 
the laws regulating the election of Senators. The delegates so elected shall meet at 
such time and place as may be provided by law, and organize themselves into a Conven- 
tion, and proceed to revise and amend the Constitution; and the Constitution, when so 
revised and amended, shall, on a day to be therein fixed, not less than sixty nor more than 
ninety days after that on which it shall have been adopted b)^ the Convention, be submitted 
to a vote of the people for and against it, at an election to be held for that purpose only; 
and if a majority of all the votes given be in favor of such Constitution, it shall, at the end 
of thirty days after such election, become the Constitution of this State. The result of 
such election shall be made known by proclamation by the Governor. The General Assem- 
bly shall have no power, otherwise than as in this section specified, to authorize a Conven- 
tion for revising and amending the Constitution . 

J ARTICLE XIII. 

PROVISIONS FOR PUTTING THIS CONSTITUTION INTO FORCE. 

And we do further ordain, as follows: 

Section 1. The preceding parts of this instrument shall not take effect, unless this 
Constitution be adopted by the people at the election to be held as hereinafter directed; 
but the provisions of this Article shall be in force from the day of the adoption of thi< 
Constitution by the Representatives of the people in this Convention assembled. 

Sec. 2. For the purpose of ascertaining the sense of the people in regard to the 
adoption or rejection of this Constitution, the same shall be submitted to the qualified 
voters of the State, at an election to be held on the sixth day of June, one thousand 
eight hundred and sixty-five, at the several election precincts in this State, and elsewhei-e. 
as hereinafter provided. On that day, or on any day not more than fifteen days prior 
thereto, sucli qualified voters of this State as shall then be absent from the places of their 
residence, by reason of their being in the military service of the United States or of this 
State, whether they then be in or out of this State, shall be entitled to vote on the adoption 
or rejection of this Constitution, For that purpose a poll shall be opened in each INlissouri 
regiment or compaii}' in such service, at the quarters of the commanding ofiieer the?-eot; 
and the voters of this State belonging to such regiment or company, and any others 
belonging to any other such regiment or company, and who may be present, may vote at 
such poll. Any one or two commissioned officers of such regiment or company, who may 
be present at the opening of the polls, shall act as judge or judges of the election; and if 
no such officer be present, then the voters of such regiment or company present shall 
<*lect two of the voters present to act as such judges. Every such juilge shall, before any 



276 

votes are received, take an oath or affirmation that he will honestly and faithfully perform 
the duties of judge, and make proper return of the votes given at such election; and 
such oath the judges may administer to each other. In any election held in a regi- 
ment or company, the polls shall be opened at eight o'clock a. m., and closed at six 
o'clock p. M. 

Sec. 3. The election provided for in the next preceding section shall be by ballot. 
Those ballots in favor of the Constitution shall have written or printed thereon the words, 
' ' New Constitution— Tes ; ' ' those against the Constitution shall have written or printed 
thereon the words, ' ' New Constitution— No. ' ' 

Sec. 4. The said election shall be conducted, and the returns thereof made to the clerks 
of the several County Courts, and by them immediately certified to the Secretary of State, 
as provided by law in the case of elections of State officers ; and where an election shall be 
held in a regiment or company, the returns thereof, with the poll-books, shall be certified 
to the Secretary of State, and may be transmitted by mail, or by any messenger to whom 
the judges of the election may entrust the same for that purpose. 

Sec. 5. Any qualitied voter of this State, within the State, w±o, on the da}^ of said 
election, shall be absent trom the place of his residence, may vote at any place of voting, 
upon satisfying the judges that he is a qualified voter, and being sworn by them that he 
has not voted, and will not vote, in said election at any other election precinct. 

Sec . 6 . At said election no person shall be allowed to vote who would not be a qualified 
voter according to the terms of this Constitution, if the second Article thereof were then in 
force. The judges of election shall administer to exerj person offering to vote, in lieu of 
the oath now required to be taken by voters under the ordinance of June 10th, 1862, the 
following oath, to-wit: " I, A. B., do solemnly swear, that I am well acquainted with the 
terms of the third section of the second Article of the Constitution of the State of Missouri, 
adopted by the Convention which assembled in the city of St. Louis, on the 6th daj^ of 
.Januarj', eighteen hundred and sixty-five, and have carefully considered the same; that I 
have never, directly or indirectly, done any of the acts in said section specified; that 1 
have always been truly and loyally on the side of the United States against all enemies 
thereof, foreign and domestic; that I \^ill bear true faith and allegiance to the United 
States, and will support the Constitution and laws thereof as the supreme law of the land, 
any law or ordinance of any State to the contrary notT\ith standing; that I A\ill, to the best 
of my ability, protect and defend the Union of the United States, and not allow the same 
to be broken up and dissolved, or the Government thereof to be destroyed or overthrown, 
under any circumstances, if in my power to prevent it; and that I make this oath without 
any mental reservation or evasion, and hold it to be binding on me. " Should any such 
person decline to take said oath, he shall not be permitted to vote at said election; but the 
taking thereof shall not be deemed conclusive evidence of the right of such person to vote; 
but such right may be disputed and disproved. Any person who shall falsely take, or, 
having taken, shall thereafter willfully ^iolate, the oath prescribed in this section, shall, 
upon conviction thereof by any court of comiDctent jurisdiction, be adjudged guilty of the 
crime of perjury, and shall be pmiished therefor in accordance with existing law. 

Sec. 7. On the first day of July next ensuing said election, the Secretary of State shall, 
in presence of the Governor, the Attorney General, or the State Auditor, proceed to 
examine and cast up the returns of the votes taken at said election, and certified to him, 
including those of persons in the military ser\ice; and if it shall appear that a majority of 
all the votes cast at such election were in favor of the Constitution, the Governor shall 
issue his proclamation, stating that fact, and this Constitution shall, on the fourth day 
of said month of July, be the Constitution of the State of Missouri. 

Sec. 8. The officer now known as the ' "Auditor of Public Accounts' ' shall hereafter be 
styled State Auditor. 

Sec. 9. The office of Register of Lands shall continue until the General Assembly shall 
abolish the same. 



2TT 



Done by the Eepresentatives of the People of the State of Missouri, in Convention 
assembled, at the city of St. Louis, on the eighth day of April, in the year of our Lord one 
thousand eight hundred and sixty -five, and of the Independence of the United States the 
eighty-ninth. 

ARNOLD KREKEL, of St. Charles county, President. 

CHAS. D. DEAKE, of St. Louis, Vice President. 

WM. B. ADAMS, of Montgomery county. 

A. J. BAER, of Eay county. 

A. M. BEDFORD, of Mississippi county. 

D. BONHAM, of Andrew county. 
GEO. K. BUDD, of St. Louis county. 
HAEVEY BUNCE, of Cooper county. 

E. L. CHILDEESS, of Webster county. 
JOHN H. DAVIS, of Nodaway county. 
I. B. DODSON, of Adair county. 
JOHN H. ELLIS, of Livingston county. 
JOHN ESTHER, of Laclede county. 
ELLIS G. EVANS, of Crawford county. 
CHAUNCEY I. FILLEY, of St. Louis county. 
J. W. FLETCHER, of Jefferson county. 

W. H. FOLMSBEE, of Daviess county. 

F. M. FULIO^RSON, of Saline county. 
JOHN W. GAMBLE, of Audrain county. 
A. GILBERT, of Lawrence county. 
DAVID HENDERSON, of Dent county. 
E. A. HOLCOMB, of Chariton county. 

J. H. HOLDSWORTH, of Monroe county. 
W. S. HOLLAND, of Henry county. 
J. F. HUME, of Moniteau county. 
WYLLYS KING, of St. Louis county. 
REEVES LEONARD, of Howard county. 
JOHN F. McKERNAN, of Cole county. 
ARCHIBALD M. IMcPHERSON, of Perry county. 
JOHN A. MACK, of Greene county. 
FERDINAND MEYER, of St. Louis county. 
DORASTUS PECK, of Iron county. 
JONATHAN THOMAS RANKIN, of Dade county. 
K. G. SMITH, of Mercer county. 
GEO. P. STRONG, of St. Louis county. 
JAMES T. SUTTON, of Wayne county. 
JOHN R. SWEARINGEN. of Jackson county. 
WM. F. SWITZLER, of Boone county. 
LEWIS H. WEATHERBY, of DeKalb county. 
JEREMIAH WILLIAMS, of Caldwell county. 
EUGENE WILLIAMS, of Scotland county. 



Attest . 



AMOS P. FOSTER, Secretari/. 



THOS. PROCTOR, Assistant Secretarij. 



278 
AN OKDINANCE 

FOE THE PAYMENT OF STATE AND EAILEOAD INDEBTEDNESS. 

Be it ordained hy the People of the State of Missouri, in Convention assembled, as follows : 

Section 1. There shall be levied and collected from the Pacific railroad, the North 
Missouri railroad, and the St. Louis and Iron Mountain railroad companies, an annual tax 
of ten per centum of their gross receipts for the transportation of freight and passengers 
(not including amounts received from, and taxes paid to, the United States), from the 1st 
of October, 1866, to the 1st of October, 1868, and fifteen per centum thereafter; which tax 
shall be assessed and collected in the county of St. Louis, in the same manner as other 
State taxes are assessed and collected, and shall be appropriated by the General Assembly 
to the payment of the principal and interest now due, or hereafter to become due, upon 
the bonds of the State, and the bonds guaranteed by the State, issued to the aforesaid 
railroad companies. 

Sec. 2. A like tax of fifteen per centum shall be assessed and collected from the 
Hannibal and St. Joseph railroad company, and from the Platte Country railroad company, 
whenever default is made by said companies, or either of them, in the payment of the 
interest or principal of the bonds of the State, or the bonds guaranteed by the State, 
issued to said companies, respectively; which tax shall be assessed and collected in such 
manner as the General Assembly may, by law, direct, and shall be applied for the payment 
of principal and interest of said bonds, as the same may become due and paj'^able. 

Sec. 3. The tax in*this ordinance specified shall be collected from each company here- 
inbefore named, only for the pajanent of the principal and interest of the bonds for the 
payment of which such company shall be liable, and, whenever such bonds and interest 
shall have been fully paid, no further tax shall be collected from such company; but 
nothing shall be received by the State, in discharge of any amounts due upon said bonds, 
except cash, or other bonds or obligations of this State. 

Sec. 4. Should either of said companies refuse or neglect to pay said tax, as herein 
required, and the interest or principal of any of said bonds, or any part thereof, remain 
due and unpaid, the General Assembly shall provide, by law, for the sale of the railroad 
and other property, and the franchises of tlie company, that shall be thus in default, under 
the lien reserved to the State, and shall appropriate the proceeds of such sale to the 
paj'ment of the amount remaining due and unpaid from said company. 

Sec. 5. Whenever the State shall become the purchaser of any railroad or other 
property, or franchises, sold as hereinbefore provided for, the General Assembly shall 
provide, by law, in what manner the same shall be sold, for the payment of the indebted- 
ness of the railroad company in default; but no railroad or other propertj^ or franchises, 
purchased by the State, shall be restored to any such companj'- until it shalLhave first 
paid, in money, or in Missouri State bonds, or in bonds guaranteed by this State, all 
interest due from said company; and all interest thereafter accruing shall be paid semi- 
annually, in advance; and no sale or other disposition of any such raili'oad or other 
property, or the franchises, shall be made without reserving a lien upon all the property 
and franchises thus sold or disposed of, for all sums remaining ilnpaid; and all i^aj^ments 
therefor shall be made in money, or in tlie bonds or other obligations of this State. 

Sec. 6. The General Assembly shall provide, by law, for the payment of all State 
indebtedness not hereinbefore provided for; and for this purpose a tax of one quarter of 
one per centum on all real estate, and other properly and effects subjected to taxation, 
shall be assessed and collected, and shall be appropriated for the payment of all such 
indebtedness that may have matured; and the surplus, if any, shall be set apart as a 
sinking fund for the payment of the obligations of the State that may hereafter become 
due, and for no other purpose whatsoever. 

Sec. 7. At the election to be held on the sixth day of June, eighteen hundred and sixty- 
five, for the purpose of ascertaining the sense of the peoi^le in regard to the adoption or 



279 

rejection of the Constitution adopted by this Convention, the question of the adoption or 
rejection of this Ordinance shall be submitted to the voters of this State, who shall be 
qualified as voters under the provisions of Article 13th of said Constitution, and shall take 
the oath in said Article prescribed; and the vote at such election shall be taken, and returns 
thereof made, at the same time, under the same restrictions, and in the same manner. 
as in said Article is provided for the vote upon the question of the adoption or rejection of 
said Constitution. The election herein provided for shall be by ballot. Those ballots in 
favor of this Ordinance shall have written or printed thereon the words, ''Shall the 
railroads pay their bonds ? Fes . " Those opposed to this Ordinance shall have written or 
printed thereon the words, ' 'Shall the railroads pay their bo7ids ? No.^'' If the majority of 
all the votes cast at such election shall be in favor of this Ordinance, the same shall be 
valid, and have full force and effect as a part of the Constitution of this State, whether the 
New Constitution adopted by this Convention be adopted or rejected. II a majority of 
such votes shall be against this Ordinance, it shall have no force or validity whatsoever. 

The Governor of this State shall, by proclamation, make known the result of the election 
herein provided for. 

Adopted in Convention, April tenth, A. D. one thousand eight hundred and sixty-five. 

ARNOLD KEEKEL, President. 

Amos P. Foster, Secretary. 



THE RATIFICATION — GO YEKNOH'S PROCLAMATION. 

State of Missouri, ") 

Execittive Department. * 

Whereas, On the sixth day of January, one thousand eight hundred and sixty-five, 
a Convention of Representatives of the people of the State of Missouri, elected in pursuance 
of law, assembled in the city of St. Louis, for the purpose of amending the Constitution 
of said State, which Convention did, on the eighth daj'" of April in said year, adopt a 
Revised and Amended Constitution for said State : 

And whereas, In and by the second section of the thirteenth Article of the said Revised 
and Amended Constitution, it was provided that an election by the qualified voters of this 
State should be held on the sixth day of June, one thousand eight hundred and sixtj— five, 
at the several election precincts in this State, and elsewhere, for the purpose of ascertaining 
the sense of the people in regard to the adoption or rejection of the said Constitution; and 
provision was made in said section for taking and counting the votes of such qualified 
voters of this State as should then be absent from the places of their residence, by reason 
of their being in the military service of the United States or of this State, whether they 
should then be in or out of this State : 

And whereas. In and by the provisions of the said thirteenth Article of the said Revised 
and Amended Constitution, it was required tliat the returns of said election should be 
certified to the Secretary of State, and that, on tlie first day of July next ensuing said 
election, the Secretary of State should, in the presence of the Governor, the Attorney 
General, or the State Auditor, proceed to examine and cast up the returns of the votes 
taken at said election, and certified to him, including those of persons in the military 
service-, and if it should appear that a majority of all tlie votes cast at said election wore 
in favor of the Constitution, the Governor sliould issue his proclamation stating that fact, 
and the said Constitution should on the fourth day of said month of July be the Constitution 
of the State of Missouri: 

And whereas. On the said first day of July the said Secretary of Stale did, in presence 
of the Governor and the State Auditor, proceed to examine and cast up t\m returns of the 
votes taken at said election, and certified to him, including those of persons in the military 
service; when it appeared, upon an accurate casting up of said returns, that there were 



280 

forty-three thousand six hundred and seventy (43,670) votes in favor of said Constitution, 
and forty-one thousand eight liundred and eight (41,808) votes against said Constitution; 
and there being, therefore, a majority of all the votes cast at said election in favor of 
said Constitution : 

]N'ow, therefore, I, Thomas C. Fletcher, Governor of the State of Missouri, in pm-suance 

of the authority vested in me, as aforesaid, do, by this my proclamation, declare and 

make known that the said Kevised and Amended Constitution was, at said election, 

adopted by a majority of the votes cast at said election, and that, in pursuance of the 

provisions therein contained, it will take effect as the Constitution of the State of Missouri, 

on the Fourth day of the present month of July. 

Given under my hand and the Great Seal of the State of Missouri, at the City of Jefferson, 

on the first day of July, in the year of our Lord one thousand eight hundred and 

sixty -fi.ve. 

THOS. C. FLETCHER. 
By the Governor : 

Francis Rodman, Secretary of State. 



Whereas, The Representatives of the people of the State of Missouri, in Convention 
assembled, did adopt, on the tenth day of April, A. D. 1865, an ordinance entitled "An 
Ordinance for the x)ayment of Raili'oad and State Indebtedness : ' ' 

And whereas. Said ordinance, in accordance with its provisions, has been submitted to 
the vote of the people of the State of Missouri on the sixth day of June, A. D. 1865, and 
also to the vote of the qualified voters of this State, absent from their residence by reason 
of their being in the military service of the United States or of the State of Missouri, as 
provided by said ordinance: 

And whereas, The returns of said election were made at the time, under the restrictions, 
and in the manner as prescribed by said ordinance : 

And whereas. In pursuance of said provisions, the Secretarj^ of State did, on the first 
day of July, A. D. 1865, in the presence of the Governor and the State Auditor, proceed 
to examine and cast up the returns of the votes taken at said election and certified 
to him: 

^ow, therefore, I, Thomas C. Fletcher, Governor of the State of Missouri, in pursuance 
of authority in me vested by said ordinance, do, by this my proclamation, make known 
that, upon an accurate casting up of said above-mentioned returns, there appeared thirty- 
nine thousand and sixty-seven votes for: "Shall the railroads pay their bonds? Tes;" 
and twentj'^ thousand nine hundred votes for: "Shall the railroads pay their bonds ? No." 

In testimony whereof, I have hereunto set my hand, and caused to be aflixed the Great 
Seal of the State of Missouri. 

Done at Jefferson City, this, the seventh, day of July, in the year of our Lord one 
thousand eight hundred and sixty-five, of the Independence of the United States 
the ninetieth, and of the State of Missouri the forty-fifth. 

THOS. C. FLETCHER. 

By the Governor: 

Francis Rodman. Secretary of State. 



281 
AN ORDINANCE 

ABOLISHING SLAVERY IN MISSOUEI. 



Be it ordained hy the People of the State of Missouri, in Convention assembled : 

That hereafter, in this State, there shall be neither slavery nor invohmtary servitude, 
except in punishment of crime, whereof the party shall have been duly convicted; and all 
persons held to service or labor as slaves are hereby declared free. 

Passed in Convention, January eleventh, A. D. one thousand eight hundred and 
sixty-five. 



CHAS. D. DRAKE, Vice Presidc7it. 

GEO. P. STRONG . 
D. BONHAM, 
HENRY A. CLOVER, 
ELLIS G EVANS, 
ABNER L. GILSTRAP, 
ISHAM B. DODSON. 
JAMES P. MITCHELL, 
GEORGE HUSMANN, 
M. L. LINTON, 
JOHN A. MACK, 
EUGENE WILLIAMS, 
WILLIAM D'OENCH, 

A. P. NIXDORF, 
HARVEY BUNCE. 
J. F. Mcia:RNAN, 
EMORY S. FOSTER, 
W. A. MORTON, 
JOHN H. ELLIS, 
JOHN H. DAVIS, 
W. S. HOLLAND, 
ELI SMITH, 

W. H. FOLMSBEE, 
PH. ROHRER, 
CHAUNCEY I. FILLEY, 
FERDINAND MEYER, 

B. F. HUGHES, 

A. GILBERT, of Lawrence, 
R. L. CHILDRESS, 
ANDREW G. NTi:WGENT, 
DAVID HENDERSON, 
J. M. GRAMiNffiR, 
Attest: Amos P. Fostek, Secrctarv. 



A. KREIvEL, President, 

W. B. ADAMS. 

JOHN H. HOLDS WORTH, 

A. J. BARR, 

GEORGE K. BUDD, 

GEORGE C. THILENIUS, 

JOHN R. SWEARINGEN, 

JOHN ESTHER, 

E. A. HOLCOME, 
JAMES W. OWENS, 
A. M. BEDFORD, 

F. M. FULKERSON, 
DORASTUS PECK, 
S. T. DAVIS, 

J. W. FLETCHER, 
R. C. COW^DEN, 
M. P. GREEN, 
GUSTAVUS ST. GEM. 
WM. F. SWITZLER. 
^JEREMIAH WILLIAMS, 
JOHN W. GAMBLE, 
K. G. SMITH, 
WYLLYS KING, 
ISIDOR BUSH, 
LEWIS H. WEATHERBY, 
JAMES T. SUTTON, 

A. M. Mcpherson, 

J. T. RANKIN, 
J. F. HUME, 
REEVES LEONARD, 
A. H. MARTIN, 
SAMUEL A. GH^BEHT. 



282 
AN ORDINANCE 

TO PEOTECT EMANCIPATED NEGEOES FEOM APPEENTICESHIP. 

Be it ordained by the People of the State of Missouri, in Convention assembled : 

That no person emancipated by the "Ordhiance abolishing- Slavery in Missouri,'' 
adopted on the eleventh day of January, one thousand eight hundred and sixty-five, shall, 
by any County Court or other authority, be apprenticed, or bound for any service, except 
in pursuance of such laws as the General Assembly of this State may hereafter enact, made 
specially applicable to the persons so emancipated. 

Adopted in Convention, January twelfth, A. D. one thousand eight hundred and 
sixty-five. 

ARNOLD KREKEL, President of the Convention. 
Attest: Amos P. Foster, Secretary of the Convention. 



AN ORDINANCE 

PEOVIDING FOE THE VACATING OF CEETAIN CIVIL OFFICES IN THE STATE, FILL- 
ING THE SAME ANEW, AND PEOTECTING THE CITIZENS FEOM INJUEY AND 
HAEASSMENT. 

Be it ordained by the People of the State of Missouri, in CoJivention assembled, as follows: 

Section 1. That the offices of the Judges of the Supreme Court, of all Circuit Courts, 
and of all courts of record established by any act of the General Assembly, and those of 
the Justices of all County Courts , of all clerks of any of the aforesaid courts , of all Circuit 
Attorneys and their assistants, and of all Sheriffs and County Recorders, shall be vacated 
on the fii'st day of May, one thousand eiglit hundred and sixty-five, and the same shall be 
filled for the remainder of the term of each of said offices, respectively, by appointment by 
the Governor. The Governor shall, in like manner, and with like etfect, fill any vacancy 
now existing in any of said offices. Every person appointed by the Governor under this 
Ordinance, shall, before entering upon the discharge of the duties of his office, take the 
oath prescribed in the second section of the ''Ordinance defining the qualifications of 
voters and civil officers in this State," adopted June tenth, one thousand eight hundred 
and sixty-two, and shall give bond in such form, in such sum, and with such security, as 
are required by existing laws . 

Sec. 2. No person shall be prosecuted in any civil action, or criminal proceeding, for or 
on account of any act by him done, performed, or executed, after the first day of January, 
one thousand eight hundred and sixty-one, by virtue of military authority vested in him 
by the Government of the United States, or that of this State, to do such act, or in 
pursuance of orders received by him or them from anj' person vested with such authority; 
and if any action or proceeding be brought or instituted against any person for the doing 
of any such act, the defendant may plead in bar thereof, and give this ordinance in 
evidence. The provisions of this section shall apply in all cases where suits are now 
pending, in the same manner, and with like effect, as in suits or actions hereafter brought. 

Passed in Convention, March seventeenth, A. D. one thousand eight hundred and 
sixty-five. 

ARNOLD KREKEL, President of the Convention. 

Attest: John W. Stephens, Secretary pro tern. 



283 



AN ORDINANCE 

FOE PAYING THE OFFICEES, MEMBEES, AND OTHEES, OF THE MISSOUEI STATE 

CONVENTION. 

Be it o7'dained by the People of the State of Missouri^ in Convention assembled^ as folloivs : 

Section 1. That there be and is hereby appropriated, out of any money in the treasury 
of this State, the sum of twenty thousand dollars for the payment of members, and all 
other expenses of the Missouri State Convention. 

Sec. 2. The State Treasurer is hereby required and authorized to pay to the Chairman of 
the Committee on Accounts, Mr. Ferdinand Meyer, the aforesaid sum of twenty 
thousand dollars, and to take his receipt therefor; and the Committee on Accounts shall 
audit all indebtedness incurred by this Convention; and if any debts should remain unpaid 
after the above appropriation is exhausted, then the General Assembly, at its next session, 
shall provide for the full and complete payment of the same. 

Sec. 3. The Auditor of Public Accounts is required and authorized to audit the accounts 
of the Committee on Accounts, and make full settlement with them, paying them the per 
diem and mileag-e now allowed to a member for all the necessary time occupied and 
journeys made after the close of this Convention. 

Adopted in Convention, April fifth, A. D. one thousand eight hundred and sixty-five. 

A. KEEKEL, President. 
Attest: Amos P. Foster, Secretary. 



AN ORDINANCE 

PEOVIDING FOE OBTAINING THE VOTES OF MISSOUEI SOLDIEES ON THE CONSTITUTION. 

Be it oi^dained by the People of the State of Missouri^ in Convention assembled, as follows: 

Section 1 . The Governor of this State is required, on or before the fifteenth day of May 
next, or immediately thereafter, to send messengers to the different points where there are 
citizens of this State, beyond the limits thereof, in the volunteer army of the United 
States, in order to obtain the votes of such persons upon the adoption or rtyjecrion of the 
Constitution adopted by this Convention. Tlie said messengers shall be provided Avith 
duly-prepared poll-books for said election, the expense whei-eof, and also the compensa- 
tion of such messengers, and all other expenses connected with sending such messengers, 
shall be certified by the Governor; and the State Auditor shall draw his warrant upon the 
Treasurer for all amounts so certified, payable out of any money in the Treasury not 
otherwise appropriated . 

Sec. 2. That such number of copies of the New Constitution adopted by this Conven- 
tion, as the Governor may tiituk necessary to a proper understanding of the Const i(ut ion, 
shall be sent to the Missouri soldiers wilh such messengers. 

Adopted in Convention, April eighth, A. D. one thousand eight hundred and sixty-five. 

A. KEEKEL, President. 
Attest: Amos P. Fostkk, Secretary. 



284 



AN OHDINANCE 

FOE THE OEGANIZATION AND GOVEENMENT OF THE MISSOUEI MILITIA. 

Be it ordained hy the People of the State of Missouri^ in Conventio7i assembled^ as follows: 

Section 1. All able-bodied male inhabitants of the State of Missouri shall be liable to 
military diiiy under this Ordinance, except as is hereinafter provided ; and, when organ- 
ized, shall constitute and be known and designated as the ' 'Missouri Militia. ' ' 

Sec. 2. Persons over the age of forty-five years, and under the age of eighteen years; 
United States mail carriers, when actuall}^ employed as such; United States and State 
officers; one miller to each public mill, and an engineer for the same, when actually 
emploj'-ed in said capacity; teachers of public schools; ministers of the gospel; regular 
practicing physicians, and railroad employees, shall be exempt from duty in the militia, 
and shall be entitled to, and receive from, the ' 'enrolling officer, " a ' 'certificate" to that 
effiect, on producing to said "enrolling officer" satisfactory evidence of their respective 
avocations or employments. 

Sec. 3. There shall be an enrolling officer for each county, with the rank of a lieuten- 
ant, appointed by the commanding officer of each sub-district, whose duty it shall be to 
enroll all persons in said county, liable to do military duty, once in each year; and all 
enrollments heretofore made under existing laws shall be taken and considered as made 
under this Ordinance. 

Sec. 4. The militia, as soon as enrolled, shall be organized iuto platoons, companies, 
regiments, and brigades. A platoon shall be composed of not less than thirty-two nor 
more than forty-six privates, two sergeants, four corporals, and one lieutenant. A com- 
pany shall consist of the number of men, commissioned and non-commissioned officers, 
prescribed by the revised regulations of the Army of the United States. A regiment shall 
consist of eight companies or more, with the number of field and staff" officers prescribed 
by ' 'Army Regulations' ' for the particular branch of service to which it may be assigned. 
A brigade shall consist of three or more regiments. 

Sec. 5. Platoons or comiDanies, as soon as organized, shall elect their commissioned 
officers; which officers, together v^ith all brigade, regimental, and staff" officers, appointed 
by the Governor, and all non-commissioned company officers, shall, before commissions 
or warrants, as the case may be, shall [be] issue[d] to them, take and subscribe the 

folloA\ing oath: "I, A. B., aged years, of the county of , in the State of 

Missouri, and a native of , do, on oath (or affirmation), declare that I have not, during 

the present rebellion, taken up arms or levied war against the United States, nor against 
the State of Missouri; nor have I willfully adhered to the enemies of either, whether 
domestic or foreign, by giving aid and comfort, by denouncing said governments, or 
either of them; by going into or favoring, or encouraging others to go into or favor, 
secession, rebellion, or disunion; but have always, in good faith, opposed the same; and 
further, that I will support, protect, and defend the Constitution of the United States, 
and of the State of Missouri, against all enemies or opposers, whether domestic or foreign, 
any ordinance, law, resolution of any State Convention or Legislature, or of any order or 
organization, secret or other\\ise, to the contrary notwithstanding; and that I do this with 
an honest purpose, pledge, and determination, faithfully to perform the same, vrithout any 
mental reservation or evasion whatever, so help me G-od. ' ' 

Sec. 6. The Governor shall nominate, and, by and with the advice and consent of the 
Senate, appoint, two brigadier generals, and no more; and as many colonels, lieutenant 
colonels, and majors, as may be necessary for properly disciplining and governing the force 
organized under this Ordinance: Provided, however, That the officers and men thus com- 
missioned and organized shall not be entitled to, nor receive, any pay, rations, or 
emoluments, when not in actual service . 

Sec. 7. The part of the State north of the Missouri river shall be known as the ' 'First 
Military District, ' ' and the part of the State south of said river shall be known as the 



285 

"Second Military District," which shall be divided into such sub-districts as, in the 
judgment of the Commander-in-Chief, the good of the service may require. 

Sec. 8. The staff of general officers shall be the same as for the time may be prescribed 
by regulations of the United States army, or orders of the War Department, governing 
appointments of officers of the same grade in the United States service — all of whom shall 
be detailed from the line of the command of the officer to whose staff they are attached. 

Sec. 9. The stafi' of the Commander-in-Chief shall be an adjutant general, with the 
rank and pay of colonel of cavalry; a quartermaster general, an insiDcctor general, and a 
commissary general, each with the rank and pay of a colonel of cavalry; a paymaster 
o-eneral, with the rank and pay of lieutenant colonel of inf\intry; a surgeon general, with 
the rank and pay of colonel of infantry; a judge advocate general, with the rank and pay 
of lieutenant colonel of infantry; three aids-de-carap, with the rank and pay of major of 
infantry. He may detail from the line and field officers of any regiment such officers as he 
may deem proper, and assign them to duty on his staff. 

Sec. 10. It shall be lawful for the Commander-in-Chief to call into service such 
platoons, companies, or regiments, as the safety and peace of the State may require, and to 
issue such instructions as may be necessarj^ to insure strict discipline and familiarity 
in drill. 

Sec. 11. The publication of the proclamation of the Governor shall be deemed sufficient 
notice to all persons, subject to military duty, to report to their respective commanding 
officers for active service. 

Sec. 12. The Articles of War and Army Regulations, as published by authority of the 
War Department of the United States, shall be observed by the Missouri Militia in every 
particular not otherwise provided hy this Ordinance, and the manner of drill shall be such 
a.s is prescribed in the tactics adopted for the United States army. 

Sec. 13. Whenever the militia, or any part of it, is called into service, the inspector 
general, or his assistants, shall muster such force into the service on the rolls of the 
platoon or companj^, one of which rolls shall be retained by the commanding officer of the 
platoon or company, one copy shall be returned to the Adjutant General of the State, and 
one copy to the district headquarters. He shall administer to each platoon or company, 
separately, the following oath: "You, and each of you, do solemnlj^ swear, that you will 
support, protect and defend the United States and the State of Missouri, and the 
Constitution and laws thereof, against all their enemies; that j^ou will assist in enforcing 
the laws; and will obey all lawful orders of the officers having authority to command you 
while in the service, so help you God.'' And any person subject to military duty, who 
shall refuse to take said oath, shall be considered and treated as a prisoner of war. 

Sec. 14. The surgeon general shall appoint a physician or surgeon for each county to 
examine persons claiming exemption, who shall give to every person exempted hy him a 
certificate, and shall return to the office of the adjutant of the district, within five daj's 
after the close of each of his sittings, a complete list of all persons so exempted. The 
physician or surgeon so employed shall receive the pay of a major of infantry while 
actually engaged in such service. 

Sec. 15. Any physician or surgeon, authorized by the provisions of this Ordinance to 
issue certificates of exemption, who shall fraudulently issue any such certificates, shall be 
liable to a fine of not less than five hundred dollars, to be recovered by indictment before 
the Circuit Court of the proper county, except St. Louis county, where the indictment- 
shall be before the Criminal Court. 

Sec. 16. Every person who neglects or refuses to enroll himself shall pay the sum of 
twenty dollars, to be levied upon his goods and chattels, by order of tlie commanding 
officer of the district, and may be imprisoned or put at hard labor by said officer until said 
fine is paid, and shall then be enrolled and assigned to such platoon or company as tlie 
commanding officer of the district may direct; and any person duly enrolled, and liable to 
militia service, who shall refuse or neglect to perform such service, shall pay a tine of five 
dollars per day for every day he fails to render such service, after having been thereto 
required by his officers; and, in addition thereto, such delinquent shall be subject to arrest. 



^ 286 

trial, and punisliment, within the discretion of a court martial; and nothing in this section 
shall be construed to exempt any man from military service. 

Sec. 17. The commanding officer of each platoon or company shall certify to the com- 
manding officer of the battalion or regiment to which he is attached, a list of all persons 
liable to line under the provisions of this Ordinance, with the number of days each person 
has neglected or refused to do duty; which list shall be, by the commanduig officer of the 
battalion or regiment, certified to the clerk of the Circuit Court of the county ten days 
before the next term of the said court, who shall place a copy of said list in a conspicuous 
place in his office, at least five days before the iirst day of the term. 

Sec. 18. It shall be the duty of the Circuit Court to render a judgment, an award, an 
execution, against each person named in said lists for the sum due by him, and costs, 
which shall be collected as other fines. The sheriff of the county may collect all sums due 
in said lists before judgment, and shall pay over the same to the State Treasury, to the 
credit of the ' 'Union Military Fund. ' ' He shall certify to the commanding officer of the 
district the names of all persons who fail to pay the amount stated against them in said 
lists, or who have no property whereof to levy such execution. And the commanding 
officer of the district shall arrest and put at labor the persons mentioned in the last-named 
list, until the amounts due by them are paid. And it shall be the duty of the circuit 
attorney of the proper circuit to prosecute all such matters as shall come before the said 
court by virtue of this section. 

Sec. 19. The sum of fifty cents per day shall be reckoned to every person put at labor 
mider the provisions of this Ordinance, until the fine or penalty due by him is fully paid. 

Sec. 20. The uniform of the Missouri Militia shall be the same as prescribed by the 
United States Army Regulations for the army of the United States, until otherwise ordered 
by the Commander-in-Chief. 

Sec. 21. All officers, when on duty, shall wear the uniform of their rank; and no 
person, not in the military service of the State or the United States, shall wear any 
insignia of rank, or any part of uniform, under a penalty of twenty dollars for every 
offense, to be recovered by suit and summary trial before any justice of the peace. 

Sec. 22. The pay of the militia shall be the same for officers and men as allowed for the 
time by the United States to officers and soldiers, and fifty cents for each day's service of 
his horse, when he is mounted; and such pay shall be in the same funds in which the 
United States Volunteers are paid, or their equivalent. 

Sec. 23. All taxes levied and collected for military purposes, and all fines imposed upon 
militiamen by this Ordinance , all proceeds of the sales of contraband or captured property 
seized or captured by the militia, and all other appropriations and levies made for the 
benefit of the militia, shall likewise be paid into the treasury, to the credit of the said 
Union Military Fund. Out of such fund shall be paid, first, all sums now due the 
Enrolled Missouri Militia for services rendered, and Union Military Bonds now outstanding 
or hereafter issued; and second, all expenses incurred according to law, and audited by 
the proper oflBlcers, and ai)propriations for military purposes, as other claims against 
the State. 

Sec. 24. The Governor of the State shall lay before the General Assemblj^, at each 
regular session thereof, a report of the moneys expended for militia purposes, and an 
estimate of the funds necessary for support of the militia for the next two years . 

Sec. 25. The Commander-in-Chief may assign to duty, as paymasters, such officers as 
may to him seem proper, not exceeding four (4) in number, with the rank and pay of 
majors of infantry; and require them, before entering upon the discharge of the duties of 
the office, to execute a bond, in a sum and with such securities as he shall order, conditioned 
for the faithful performance of their duty. 

Sec. 2G. Any officer, civil or military, who may refuse to account for and pay over ^ 
according to law, any moneys or property coming to his hands belonging to the militia 
fluid, shaU, upon conviction thereof, in the Circuit or Criminal Court, on indictment, be 



287 

sentenced to imprisonment in tlie penitentiary for a term of not less than five nor more 
than ten years . 

Sec. 27. Courts Martial. — Courts martial shall be constituted and shall proceed in all 
cases, and be governed by the laws and regulations prescribed by the United States Army. 

Sec. 28. The General Assembly of this State shall provide the v^ays and means for the 
payment of the Missouri Mlitia, and may, at any time, amend or repeal this Ordinance. 

Sec. 29. An act entitled ' 'An act for the organization and government of the Missouri 
Militia," approved February 10, 1865, and all other acts or parts of acts, inconsistent with 
the provisions of this Ordinance, are hereby abrogated. 

Adopted in Convention, April eighth, A. D. one thousand eight hundred and sixty -five. 

ARNOLD KREKEL, President. 
Attest: Amos P. Foster, Secretary of Convention. 



^11 



